C S DEVAKUMAR Vs. K S KRISHNAKUMAR

JUDGEMENT

(1.) The first respondent herein filed Original Petition in O.P.No.303 of 1988 under Sections 222 and 276 of the Indian Succession Act for grant of probate of the last Will and testament dated 22.05.1986 of Mrs.Jagadambal. The respondents 4 to 6 as well as late Mr.C.S.Saravanan filed caveat and objected for grant of probate in favour of the first respondent. In these circumstances, the said Original Petition was converted and registered as Testamentary Original Suit in T.O.S.No.9 of 1991. In the suit, the first respondent herein was the plaintiff and the respondents 4 to 6 herein and the deceased Mr.C.S.Saravanan were the defendants. On the death of Mr.C.S.Saravanan, the appellants herein, who are the sons of the deceased Mr.C.S.Saravanan, were impleaded as defendants 5 and 6. The respondents 2 and 3 herein were impleaded as plaintiffs 2 and 3 in the suit.

(2.) The testatrix Mrs.Jagadambal is the wife of one Mr.Subramani Mudaliar and the said Subramani Mudaliar predeceased her. Mrs.Jagadambal had four sons and three daughters born through Mr.Subramani Mudaliar. The four sons are,

(3.) Mrs.Jagadambal owned four items of immovable properties and she did not own any other property. Those four properties are at