BHAGAVATHIAMMAL Vs. MARIMUTHU AMMAL

JUDGEMENT

(1.) The second appeal is preferred against the judgment and decree dated 12.07.2004 in A.S. No. 15 of 2004 by the First Additional Sub Judge, Nagercoil, confirming the judgment and decree dated 25.11.2003 in O.S. No. 249 of 1981 by the Principal District Munsif, Nagercoil. The 8th Defendant is the Appellant. The suit is filed for declaration and for recovery of possession and profits.

(2.) The brief facts of the case are as follows:

(3.) The suit was resisted by the Defendants and all the 8 Defendants have filed separate written statements. The Defendants 1 to 3 had denied the "Will" dated 18.03.1977 and they have also denied that the said Ramachandran was a mentally ill patient and the second Defendant would state that the said Ramachandran had leased out the first item of the property to one Nagamani in the year 1978 and the said Ramachandran had also executed a "Will" dated 01.04.1980 in favour of the second Defendant and the second Defendant has sold the property by a sale deed 14.07.1981 and the Plaintiff has no right or title over the property.