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IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.Sakthivel, J
Balasubramaniam – Appellant
Versus
Palanichamy Goundar – Respondent
| Table of Content |
|---|
| 1. factual background, procedural history, and framing of issues. (Para 1 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10) |
| 2. arguments regarding the burden of proof and suspicious circumstances. (Para 11 , 12) |
| 3. application of legal principles for proving a contested will. (Para 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20) |
J U D G M E N T
1.Feeling aggrieved by the Judgment and Decree dated July 30, 1996 made in A.S. No.17 of 1996 by 'the Sub Court, Dharapuram' ['First Appellate Court' for brevity], wherein and whereby the Judgment and Decree dated September 15, 1995 passed in O.S. No.169 of 1991 by 'the District Munsif Court, Dharapuram' ['Trial Court' for brevity] was confirmed, the appellant in the Appeal Suit who is the plaintiff in the Original Suit, has preferred this Second Appeal.
2. For the sake of convenience, the parties will be referred to as per their array in the Original Suit before the Trial Court.
PLAINTIFF'S CASE
3. The plaintiff has instituted the present Suit seeking reliefs of declaration and permanent injunction. The plaintiff is the son of the first and second defendants. Defendants 3 and 4 are his brothers, the fifth defendant is his sister and the sixth defendant is
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