JUDGMENT : P. SOMARAJAN, J. 1. Tenancy right was raised by the defendant over 10 acres of property in a suit for injunction simplicitor of the year 1987 and it was referred under Section 125 of Kerala Land Reforms Act for adjudication, wherein it was answered negatively due to lack of evidence. Thereon, the plaint was amended for recovery of possession. A claim of adverse possession was raised by the defendant. The suit was decreed based on the title of the year 1947 (partition deed) and a registered Will No. 41/1972. 2. The decree and judgment of the trial court were assailed mainly on the reason that the Will was not proved in accordance with the mandate under Section 68 of the Evidence Act by summoning one among the attesting witnesses to the document. The identity of the property was not disclosed in the registered Will. The claim of adverse possession was not considered properly. 3. The contention of tenancy right and adverse possession is mutually destructive and hence cannot be sustained. The tenancy right claimed was rejected by the Land Tribunal on a reference under Section 125 of the KLR Act due to lack of evidence. Nothing was brought to the notice of this court regarding any acceptable proof or evidence showing any existing tenancy right. As discussed earlier, the claim of adverse possession is mutually destructive and inconsistent, hence cannot be sustained. 4. Regarding the Will, even otherwise the plaintiff is one of the legal heirs of deceased testator and being a co-owner, he can very well maintain a suit. The genuineness of the Will is a matter to be adjudicated between the persons who are litigating under the testator, and it will not be a ground of attack available to the defendant who had set up a different claim over the property. Hence, the appeal lacks merits, deserves only dismissal. I do so. The court fee payable comes to Rs. 2,17,900/- but it was submitted by the counsel for the appellant that the actual court fee payable is only Rs. 1,88,400/- and there is some inadvertent mistake in the calculation. In the lower court, the court fee paid comes to Rs. 1,88,400/ and hence the court fee payable can be fixed at Rs. 1,88,400/-. 2,17,900/- but it was submitted by the counsel for the appellant that the actual court fee payable is only Rs. 1,88,400/- and there is some inadvertent mistake in the calculation. In the lower court, the court fee paid comes to Rs. 1,88,400/ and hence the court fee payable can be fixed at Rs. 1,88,400/-. Since the suit was filed as an indigent person, the appellant is liable to pay the said court fee within two weeks, failing which it shall be recovered. The Registry shall forward a copy of the decree to the District Collector for recovery under Rule 14 of Order 33 CPC. The appeal will stand dismissed without cost.