C.G. David Tharakan vs Dr. Mrs. Lily Jacob on 16 July, 1992
In Kharshetji v. Kekobad, AIR 1928 Bombay 194 the Bombay High Court had to consider the scope and effect of "otherwise destroyed" seen in the latter part of Section 70. The facts in that case are to the following effect.-The
testatrix put a cross in ink across the front page of the Will and wrote out words in Gujarati to the effect "This Will is cancelled". She signed below that writing and put the date. This writing and signature by the testatrix was contended to be sufficient revocation of the Will. After surveying the entire case law, Indian and English, on the point, the learned Judge came to the conclusion that the Will was not revoked, or otherwise destroyed, as contemplated by the latter part of Section 70 of the Act.