Saishreyas vs Venkatesh B M on 2 June, 2025
18. Reliance is placed on the judgment of the
Hon'ble High Court in R.F.A. No.588/2009 in the case of
Jana Bai and Ors. Vs. Komalan and Ors. wherein which
it is held as follows:
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Smt.Jana Bai W/O Shri Deekaraman vs Shri.Komalan Since Deceased By Lrs. on 8 July, 2015
Smt Gayathramma vs Smt Mallamma @ Mlamma on 10 April, 2023
44. In that case the contestant opposing the Will may
bring material on record rebutting such primafacie case. As
per discussion made by the Hon'ble High Court of Karnataka,
the defendant can produce the evidence to show that the
testator was not fit to execute the Will. But in this case except
some suggestions to the witnesses, no material or document is
produced by plaintiffs to disprove the Will. There is no any
rebuttal evidence to disprove the Will. So, under such
circumstances, in my opinion, the defendant can take the help
of principle laid down in the above citation in support of his
case. Accordingly, I answer Issue No.1 'Partly in the affirmative'
and Issue No.5 in the 'Affirmative'.
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