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Showing contexts for: http in Rangammal @ Veerathal (Died) vs Subbae Gounder @ Chinnasamy (Died) on 3 February, 2020Matching Fragments
34. Further, in the year 1998, there was a partition deed dated 16.12.1998 Ex.B-1 as stated by the defendants. Thus, according to the appellants/plaintiffs, only in the year 1998, the first respondent had divulged the existence of a Will so as to get a decree in their favour. It is the further submission of the learned counsel appearing for the appellants/plaintiffs that on a perusal of Ex.B-36 Will, dated 27.03.1970, it is seen that had the Will been executed in 1970, the same would have been promulgated immediately. In the absence of the particulars with regard to the promulgation of the Will, it has to be construed that the Will is not genuine. But we are not inclined to accept this submission for the reason that the defendants filed Ex.B-7 which is a Patta Pass Book issued by the Tahsildar on 19.03.1974 in favour of the first defendant and minor Kadhirvel, represented by guardian-mother Subbulakshmi. Thus, without the Will, the Revenue Authorities would not have issued Patta Pass Book in favour of minor Kadirvel. It is further seen that Ex.B-19 is a letter dated 18.12.1984 issued by the Syndicate Bank to the Sub-Registrar, Coimbatore and it reveals that the first defendant executed a registered mortgage dated 30.09.1974 in respect of the suit properties. Moreover, Ex.B-21 shows that the name of the third defendant was included in the Patta concerning the suit properties based on Ex.B-36 http://www.judis.nic.in Will. A cumulative effect of all the above facts clearly show that Ex.B-36 Will in question was duly acted upon.