ANNAPOORNESWARI Vs. MYLI AMMAL AND OTHERS

JUDGEMENT

(1.) A preliminary decree for partition is under challenge by the third defendant.

(2.) The plaint schedule property admittedly belonged to one unnamalai, the mother of the plaintiffs and the defendants. Unnamalai died on 07.09.94. Two of the daughters claim partition of her assets as against the other three siblings. The claim for partition is challenged by the third defendant setting up Ext.B3 will dated 02.01.80 executed by unnamalai. The court below found against the genuineness of the will and accordingly passed a preliminary decree for partition.

(3.) Heard sri.P.s.Appu, learned counsel appearing for the appellant and sri.Rajesh sivaramankutty, learned counsel appearing for the respondents.