ALICE ANTONY Vs. V.J. JOHNSON ALIAS JOHN

JUDGEMENT

(1.) ON the following substantial questions of law this Court ordered notice on the Second Appeal.

(2.) THE Second Appeal arises from the judgment and decree of the Second Additional Munsiff's Court, Ernakulam in O.S. No.459 of 2000, confirmed by the District Court, Ernakulam in A.S. No.229 of 2001.

(3.) THE 1st respondent resisted the suit contending that he is the absolute owner in possession of the suit property and that as per the terms and conditions of the Will, the appellants could reside in the building in the suit property only for a period of one year from the date of death of the wife of the testator. That period of one year having expired, the appellants have no right to continue their residence in the building in the suit property.