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28. In the written statement, defendant No.1 had not taken contention about presence of their brother. But only in the evidence she has taken contention that they are having a brother who died leaving behind his wife and a son and they are proper and necessary parties to the suit. Without any pleading, the said evidence cannot be considered.

29. According to the recitals of the Will, the executant was aged 84 years and suffering from paralysis attack at the time of execution of the Will. In that Will, he

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RSA NO.504 OF 2007 decease since 9 years before the death. She and her other sisters were enquiring about the welfare of their father and their father was having equal love and affection on all the daughters and there was no ill will against anyone. She has deposed that before his death, her father was suffering from Parshvavayu (paralysis) i.e., he was not having strength and energy on his hands and legs and his right side was not proper.

33. D.W.3 is one of the attester to the Will and he has stated in his affidavit evidence about the case of defendant No.1 that when Meka Jaganatham was in fit state of mind has executed the Will and put his signature to the Will in his presence. This witness does not know Kannada language. But, his evidence is prepared in Kannada language. His cross-examination reveals that at the time of alleged execution of the Will, Meka Jaganatham was aged about 90 - 95 years and was suffering from left side paralysis and was walking with Club. It was suggested to him that at the time of execution of said document, Meka

40. It is to be noted here that suit schedule property is measuring 1 acre 20 guntas land. According to recitals of the alleged Will, 1-acre was bequeathed. But, in the boundaries of the property bequeathed under the Will, there is no mention of retaining remaining 20 guntas in the suit schedule property.

41. Furthermore, as per the evidence of D.W.1, her father was affected with paralysis to his right hand and right leg; whereas, according to her attesting witness, left side of the father was not keeping well. Furthermore, defendant No.1 is not ready to speak that her father was suffering from paralysis. But, was only trying to say that he was suffering from Asthma. But, documents and evidence of