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47. ExP3 and P4 Wills disclose the fact that they were executed afresh on 03.02.1984 by the parents of the parties to the suit, modifying their earlier Wills, dated 10.09.1981.

48. In para 5(a) of Ex.P3 it is stated that the half right in the land comprised in R.S.No.1252 measuring 2 grounds 1419 sq.ft. shall be taken after the life time of Mrs.Ramalakshmi Krishnasamy by her two sons K.Seshadri and K.Gopal in equal share with absolute rights.

49. In para 5 (b) it is stated that the second son K.Gopal if for any reason, continues to be a bachelor through out his life time, in such an event, after his life time, his half share bequeathed to him by Mrs.Ramalakshmi Krishnasamy under the above will shall be taken by her first son K.Sheshadri. If it so happens that K.Seshadri pre-deceases and even after K.Gopal continues to be a bachelor through out his life time then his half right bequeathed by her to him shall be taken by the children of K.Seshadri.

54. Clause (b) of para 7 envisages that the above said properties shall be taken after the life time of his wife Mrs.Ramalakshmi Krishnasamy by their two sons K.Seshadri and K.Gopal with absolute rights.

55. Clause (c) of para 7 of Ex.P4 and Clause (b) of Para 5 of Ex.P3 appear to be one and the same. Clause 'c' of para 7 of Ex.P4 reads that his second son K.Gopal, if for any reason, continues to be a bachelor through out his life time in such an event after his life time, his half right bequeathed to him shall be taken by his first son K.Seshadri. If it so happens that K.Seshadri pre-deceases K.Gopal and even after that K.Gopal continues to be a bachelor through out his life time then his half right bequeathed to him shall after his life time be taken by the children of K.Seshadri.

98. But the specific contention made by Dr.Vasantha Balakrishnan (D-1) is that the Wills were created by the deceased first plaintiff with the connivance of the second defendant after making their parents to sign a prepared document without disclosing the contents by practising fraud, coercion, threat and got the document signed by their parents. But these allegations are stoutly denied by the first plaintiff in the above said paragraphs viz., 4, 5 and 6.

99. Mr.V.K.Elangho has also drawn the attention of this Court to paragraph No. 4 of the written statement of the deceased first plaintiff to the suit in C.S.No. 610 of 2003 instituted by the first defendant Dr.Vasantha Balakrishnan where he has stated that their parents had executed two Wills in the year 1981 bequeathing their immovable properties in favour of him (since deceased) and those Wills were revoked by their parents and executed two other Wills dated 03.02.1984 bequeathing their immovable properties in his favour and the second defendant Mr.Gopal.

155. In this regard, Mr.R.Thiagarajan learned counsel has taken this Court to the covenants of the Wills under Exs. P3 and P-4 respectively. Clause (b) of paragraph 5 in Ex.P3 and clause (c) of of paragraph 7 in Ex. P4 are relevant. In fact both the clauses are one and the same. What Mrs.Ramalakshmi Krishnaswamy and Dr.K.G.Krishnaswami have stated in the above said respective paragraphs is that the next son Mr.K.Gopal being a bachelor if for any reason he continues to be bachelor through out his lifetime his half right bequeathed to him by me under this Will shall be taken by my first son K.Seshadri. If it so happens that K.Seshadri predeceases K.Gopal and even after that K.Gopal continues to be bachelor through out his life time then his half right bequeathed by me to him shall after his lifetime be taken by the children of K.Seshadri.