Proof of Will – mere expressed ignorance of the manner in which the Will was executed by each of them pleading that the other person has personal knowledge, that is hardly of any significance. – does not make the will invalid as the signature on the Will was admitted = A perusal of the cross-examination of the plaintiffs witnesses, and in particular that of PW-3 and PW-4, who are the attestors to Ex.A-5-Will and PW-5, the scribe of the Will, shows that nothing is elicited to discredit their testimony regarding the execution of the Will by Vasantha Devi. Except the suggestion consistently put to both the attestors and the scribe that the Will was fabricated using the signatures of Vasantha Devi, nothing of significance which would cast a shadow on the genuineness of the Will has been extracted from these witnesses. The evidence of these witnesses, in my opinion, completely satisfies the requirements of Section 63 of the 1925 Act. Though respondent Nos.1 and 2 have expressed ignorance of the manner in which the Will was executed by each of them pleading that the other person has personal knowledge, that is hardly of any significance. Last Testament - though unregistered, last will prevails the earlier registered will deed = Indeed, a perusal of Ex.A-5-Will would show that the testatrix referred to Will dated 11-3-1990 and rescinded the same. From the evidence of appellant No.1, who was examined as DW-1, it is clear that he had admitted the signature of the testatrix while denying the execution of Ex.A-5 Will. In the face of the evidence of PW-3 to PW-5, which remained unshaken, it needs to be held that respondent Nos.1 and 2 are able to prove Ex.A-5-Will as true and valid. Even if PW-1 and PW-2 did not have personal knowledge of the manner in which Vasantha Devi executed the Will, the same would not in any manner affect its genuineness No Equities = When the sale deeds are hit by Doctrine of Lis Pendency, cannot claim any Equities=, but he has also sold Ac.5-00 of land which was bequeathed to respondent Nos.1 and 2 under Ex.A-5-Will to defendant Nos.8 and 9. It is also not in dispute that these properties were sold after the suit was instituted. In these facts and circumstances, defendant Nos.8 and 9 cannot claim any equities against respondent Nos.1 and 2. At the most, they can proceed against appellant No.1 for recovery of the money paid to him and also for damages, if any. - 2015 A.P. MSKLAWREPORTS

Proof of Will – mere expressed ignorance of the manner in which the Will was executed by each of them pleading that the other person has personal knowledge, that is hardly of any significance. – does not make the will invalid as the signature on the Will was admitted = A perusal of the cross-examination of the plaintiffs witnesses, and in particular that of PW-3 and PW-4, who are the attestors to Ex.A-5-Will and PW-5, the scribe of the Will, shows that nothing is elicited to discredit their testimony regarding the execution of the Will by Vasantha Devi.  Except the suggestion consistently put to both the attestors and the scribe that the Will was fabricated using the    signatures of Vasantha Devi, nothing of significance which would cast a shadow on the genuineness of the Will has been extracted from these witnesses.  The evidence of these witnesses, in my opinion, completely satisfies the requirements of Section 63 of the 1925 Act. Though respondent Nos.1 and 2 have expressed ignorance of the manner in which the Will was executed by each of them pleading that the other person has personal knowledge, that is hardly of any significance.                 Last Testament - though unregistered, last will prevails the earlier registered will deed = Indeed, a perusal of Ex.A-5-Will would show that the testatrix referred to Will dated 11-3-1990 and rescinded the same.  From the evidence of appellant No.1, who was examined as  DW-1, it is clear that he had admitted the signature of the testatrix while denying the execution of Ex.A-5 Will.  In the face of the evidence of PW-3 to PW-5, which remained unshaken, it needs to be held that respondent Nos.1 and 2 are able to prove Ex.A-5-Will as true and valid.  Even if PW-1 and PW-2 did not have personal knowledge of the manner in which Vasantha Devi executed the Will, the same would not in any manner affect its genuineness   No Equities = When the sale deeds are hit by Doctrine of Lis Pendency, cannot claim any Equities=, but he has also sold Ac.5-00 of land which was bequeathed to respondent Nos.1 and 2 under Ex.A-5-Will to defendant Nos.8 and 9.  It is also not in dispute that these properties were sold after the suit was instituted.  In these facts and circumstances, defendant Nos.8 and 9 cannot claim any equities against respondent Nos.1 and 2.  At the most, they can proceed against appellant No.1 for recovery of the money paid to him and also for damages, if any. - 2015 A.P. MSKLAWREPORTS

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APEX COURT DIGEST - Jan.2017 [6]

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Writ - praying to declare that explanation to Section 6 of the amendment Act of 39 of 2005, Explanation: for the purpose of this Section partition means any partition made by execution of a deed of partition duly registered under the Registration Act, 1908 (16 of 1908) or partition effected by a decree of a court as unconstitutional and the same is liable to be struck down and etc; -2015 KAR(2015) msklawreports

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Or.39, Rule 1 & 2 and Sec. 151 and sec.94 of C.P.C - Police aid when to be granted - hear both parties when resisted - to avoid dispossession of actual possessor with the help of police aid - identify the property before issuing of police aid with the help of advocate commissioner if necessary - since the defendant pleaded that before the filing of suit and after filing of the suit ,he never trespassed into the suit schedule property nor violated interim injunction order - even though no evidence of violation of injunction not filed , the lower court feels that no prejudice would be caused to the respondent when police aid is granted -2013 A.P. msklawreports

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