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2025 Supreme(Online)(Mad) 37975

IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.R.SWAMINATHAN, M.JOTHIRAMAN, JJ
S.Ramasamy – Appellant
Versus
1.S.Chellathambi, 2.Nachammai, 3.R.Kannan – Respondent


Advocates:
For the Appellants/Petitioners: Mr.AR.L.Sundaresan, Senior Counsel, for Mr.C.Mahadevan
For the Respondents: Mr.S.Parthasarathi, Mr.T.Antony Arul Raj, Mr.J.Anand Kumar

Table of Content
1. the plaintiff and defendants are siblings challenging a will. (Para 2 , 3 , 4)
2. issues were framed for trial regarding the will and property rights. (Para 5 , 6 , 8)
3. arguments presented regarding the will's validity and execution. (Para 9 , 10)
4. the court evaluates evidence reflecting on the testator's capacity and intent. (Para 11 , 12 , 13 , 14 , 15 , 16)
5. the court concludes the will is invalid due to reliance on tenuous evidence. (Para 17 , 18 , 19)
6. the appeal is dismissed; the trial court's judgment is upheld. (Para 20 , 21)

JUDGMENT

(Judgment of this Court was delivered by M.JOTHIRAMAN, J.

The unsuccessful first defendant has preferred appeal before this Court as against the judgement and decree passed in O.S.No.175 of 2009 dated 09.10.2014 on the file of the I Additional District Judge (PCR), Thiruchirapalli. For the sake of convenience, the parties are referred as per their rank before the trial Court.

2.Brief case of the plaintiff is as follows:-

The plaintiff, first defendant and one Late.S.Subramanian are the sons of one V.Singaram Chettiar. The second defendant is the wife of the Late.S.Subramanian. The said V.Singaram Chettiar died on 02.06.2009 an

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