CIVIL APPEAL 99 of 2011 on 17 August 1987

BEFORE THE HON'BLE MR. JUSTICE N. SATHISH KUMAR

O.P.No.99 of 2011

and

C.S.296 of 2019

Date : 19.12.2023Time : 02.40 P.M.

Evidence of Mr.T.R.Krishnan, D.W.2, aged about 62 years, S/o Late.Rajagopalan, residing at No.5/3, Unnamalai Ammal Street, T.Nagar, Chennai – 600 017.

In continuation of Proof Affidavit, Chief Examination by Mr.Vijayaraghaven, Counsel for the defendant.

...............

Solemnly Affirmed:

I am the one of the attesting witness to Ex.D1 Will. I am filing my proof affidavit stating the facts of this case, the same may be treated as part and parcel of my evidence in chief.

Cross Examination by Mr.P.Giridharan, Learned counsel for the Plaintiff/defendant Q1: For how long have you know Mrs.P.B. Roy?

A: From 1993. I was a tenant of Dr.Roy from 1993 to 2001.

Q2: Were you a tenant of the Commercial property or residential property?

A: Commercial property.

Q3: What office were you carrying on in the commercial property?

A: We were doing financial syndication business on behalf of Sundaram Finance.

Q4: What language you speak with Mrs.P.B.Roy, when she has occassionally come to see you?

A: Tamil.

Q5: After 2001, where were you staying?

A: After 2001, I was staying at Nungambakkam Lake area.

Q6: How was Mrs.Parul Roy's health?

A: She was fragile, she has no health issues.

Q7: (Paragraph 2 of the proof affidavit is shown to the witness). Did you know that you have been taken to attest P.B.Roy's Will?

A: Yes, she requested me at her premises and I have attested the Will.

Q8: You said she knew only Tamil, who explained the Will in Tamil, when it was typed in English?

A: A man at Bengal Association.

Q9: Has it been written in the Will that the Will was typed in English and explained to her by the said person in Tamil?

A: No.

Q10: Has the name of the person who explained the Will to her is being stated in the Will?

A: No.

Q11: I put it to you that when you met Mrs.P.B.Roy on 05.03.2006, initially you did not know that you are going to be taken to attest the Will, Ex.D1 as witness.

A: No.

Q12: I put it to you that Ex.D1 Will is a fabricated Will and you are falsely deposing before this court.

A: I deny.

Q13: Are you aware that there was an earlier Will dated 17.08.1987 executed Mrs.P.B.Roy?

A: Yes.

Q14: Have you seen the said Will?

A: No.

Q15: In Ex.D1 Will it has been stated that the other terms mentioned in the Will dated 17.08.1987 shall stand incorporated. How were these terms explained to her?

A: I was not aware of the intricacies.

Q16: I put it to you that this Will is a setup document.

A: It is not so.

Time: 02.55 P.M

BEFORE THE HON'BLE MR. JUSTICE N. SATHISH KUMAR

O.P.No.99 of 2011

and

C.S.296 of 2019

Date : 19.12.2023Time : 03.00 P.M.

Evidence of Saravanan, D.W.3, aged about 58 years, S/o Late.Paramasubbu, residing at No.32, Narashmhapuram Colony, Singaperumal Koil, Sengundram, Melrosapuram, Kancheepuram District, now temporarily come down to Chennai.

In continuation of Proof Affidavit, Chief Examination by Mr.R.Vijayaraghavan, Counsel for the defendant.

...............

Solemnly Affirmed:

I am the one of the attesting witness to Ex.D1 Will. I am filing my proof affidavit stating the facts of this case, the same may be treated as part and parcel of my evidence in chief.

Cross Examination by Mr.P.Giridharan, Learned counsel for the Plaintiff/defendant Q1: How do you know Mrs.P.B.Roy?

A: She was my neighbour. I knew her from my childhood.

Q2: What were you in 2006?

A: I was maintaining my uncle's house at 68, Thirumullai Pillai Road.

Q3: What have you studied?

A: XII.

Q4: Do you know to read the legal document in English?

A: Yes.

Q5: Whether Mrs.P.B.Roy asked you to attest the Will executed by her on 05.03.2006 as a witness?

A: Yes. I used to visit her house often. She asked me to sign as a witness.

Q6: Where was the Will executed?

A: The Will was executed at her residence.

Q7: What language did she speak?

A: She speaks Tamil well and little bit of English.

Q8: (Ex.D1 Will is shown to the witness). When the Will was typed, Was it explained to Mrs.P.B. Roy?

A: Yes, a 60 years old man explained.

Q9: Who is he?

A: I do not know.

Q10: In Ex.D1 Will, is there anything mentioned with respect to the explaination of the Will in Tamil to the Testatrix?

A: No.

Q11: In Ex.D1 Will, whether the said 60 years old man stated anywhere that Ex.D1 Will was explained in Tamil to Mrs.P.B.Roy by him?

A: I do not know.

Q12: Are you aware that prior to Ex.D1 Will, she executed a Will dated 17.08.1987?

A: I am not aware.

Q13: Was the Will explained to Mrs.Parul Roy in Tamil as she does not know English?

A: She can speak English.

Q14: Is the signature in Ex.D1 is in English?

A: Yes.

Q15: I put it to you that Ex.D1 Will is a fabricated one.

A: I deny.

Q16: Do you know the other attesting witness by name Mr.T.R.Krishnan?

A: Yes, I have seen.

Q17: Did you speak to him before coming to this Court?

A: No.

Q18: He says that Ex.D1 Will was executed at Bengal Association. Is it correct?

A: No.

Q19: I put it to you that you are falsely deposing.

A: I deny.

Time: 03.20 P.M