Vs
Case brief
What is this about?
In this second appeal regarding succession rights, the Madras High Court upheld the validity of a second Will executed in 1979 against an earlier Will in favor of the appellant. The court rejected claims that the Will was vitiated and affirmed the lower courts' findings on execution and possession, dismissing the appeal.
What did the court decide?
The second appeal is dismissed with no order as to costs.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.11.2016
CORAM
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
Second Appeal No.284 of 1989
Dr.Ramasubramanian ...Appellant
Vs 1.Kanthimathi Ammal 2.Arumugha Mudaliar (died) 3.A.Subbulakshmi 4.A.Pitchammal 5.A.Murugan 6.A.Kandamani 7.A.Gnanambikai 8.A.Vijayakumar ... Respondents (R1 recorded and RR3 to 8 brought in record as the LR of deceased 2nd Respondent vide order dated 05/9/90 in CMP.8413,8419/90)
Prayer:Second Appeal has been filed under Section 100 of C.P.C., against the judgment and decree dated 04.08.1988 made in A.S.No.14 of 1987 on the file of the Subordinate Court, Tirunelveli in confirming the judgment and decree dated 07.01.1987 made in O.S.No.1477 of 1983 on the file of the District Munsif Court, Tirunelveli.
For Appellants : Mr.G.Ethirajulu
The appellant herein is the plaintiff in the suit filed for declaration and injunction, in respect of the suit properties. The admitted fact of the case is that, the plaintiff and the first defendant are brother and sister. Originally, the suit properties belong to Mrs.Valliammal who is none other than the maternal aunt of the plaintiff and the first defendant.
Issues for consideration
2 issues framed by the court
Whether the Sub Registrar who registered the Will could be an attesting witness to prove the same?
Whether the Courts below erred in law in upholding the second Will executed under alleged vitiating circumstances without independent attestors?
Parties & counsel
- appellant
Dr. Ramasubramanian
- respondent
Kanthimathi Ammal
- respondent
Arumugha Mudaliar
- respondent
A. Subbulakshmi
- respondent
A. Pitchammal
- respondent
Case details
As recorded by the court registry
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