K ANDI REDDIAR Vs. OVU AMMAL

JUDGEMENT

(1.) THE plaintiff in O.S. No. 344 of 1983 on the file of District Munsif Court, Kovilpatti, who had succeeded before the trial court and lost before the first appellate court is the appellant in this second appeal. the second respondent in the appeal died during the pendency of the second appeal and the respondents 4 to 6 were impleaded as per the order dated 27.1.1999 and they have also entered appearance.

(2.) HEARD Mr.M.Velusamy, learned counsel for the appellants and Mr.V.P.Venkat for the respondents. At the time of admission, the following substantial question of law was framed by this Court:-

(3.) BEING aggrieved the defendants 1 to 3 preferred A.S.NO.22 of 1985 on the file of the. Subordinate Judge of Tirunelveli. The Subordinate Judge of Tirunelveli set aside the judgment and decree of the trial court and dismissed the suit in its entirely with costs. The first appellate court held that Ex.A.1 will is invalid as it came to be executed not in a sound disposing state of mind, that the plaintiff had not proved Ex.A.1, that Ex.A.2 sale deed is not true and valid, that Ex.A.2 will not confer title on the plaintiff and the possession of the suit properties is with the defendants' and that the plaintiff had failed to establish his case. BEING aggrieved, the plaintiff has preferred this second appeal.