plaintiffs failed to prove the execution of the Will by Kuppusamy Chettiar. He further submitted that Ex.A3 would clearly show that the original Will was presented by the third defendant for registration and at that time, after enquiry with the first defendant, the Sub-Registrar passed an order under Section 41 (2) of the Registration Act and therefore, the first defendant is estopped from denying the execution of the Will by their father Kuppusamy Chettiar. He further submitted that the evidence of PW1 would show that the original Will is only with the third defendant Muthulakshmi, but she did not produce the original before the court and in the said circumstances, the plaintiffs are entitled to prove and adduce secondary evidence. He further submitted that the evidence of PW3 would show that the attestors are not alive and hence the courts below ought not to have held that the plaintiffs did not discharge their burden. He further submitted that the evidence of P.Ws.1 to 3 would clearly show that the defendants 2 and 3 have orally relinguished their right over item No.1 of the suit properties and further, even after impleading them as defendants 2 and 3 in the suit, they remained exparte and that also would show that they have accepted the case of the plaintiffs and therefore there is no bar for filing suit by the plaintiffs during the life time of the defendants 2 and 3. He further submitted that the evidence of P.Ws.1 and 2 would clearly show that the first plaintiff had permitted the first defendant to occupy the item No.1 of the suit properties only as a licensee and as such, the suit filed for the relief of mandatory injunction for delivery of possession is maintainable. He further submitted that to controvert the evidence of P.Ws 1 to 3, the first defendant did not adduce either oral or documentary evidence and in such a case, an adverse inference has to be drawn against her, but the courts below had mechanically rejected the claim of the plaintiffs and therefore, he prayed to allow the second appeal and set aside the judgment and decree passed by the courts below and decree the suit as prayed for.
