SEETHAYAMMAL Vs. K RAMU

JUDGEMENT

(1.) THIS second appeal has been filed against the Judgment and decree, dated 18.12.2009, made in A.S.No.24 of 2008, on the file of the Subordinate Court, Bhavani, confirming the judgment and decree, dated 30.11.2007, made in O.S.No.25 of 2007, on the file of the Principal District Munsif Court, Bhavani.

(2.) THE appellants in the present second appeal were the defendants in the suit, in O.S.No.25 of 2007. THE plaintiff in the said suit is the respondent herein. THE plaintiff had filed the suit, in O.S.No.25 of 2007, on the file of the Principal District Munsif Court, Bhavani, praying for the relief of permanent injunction against the defendants, in respect of the suit property.

(3.) IN the written statement filed on behalf of the respondents, the averments and the allegations made in the plaint filed in O.S.No.25 of 2007, had been denied. It has been stated that the first defendant has two sons, who are the defendants 2 and 3, and two daughters, who are the defendants 4 and 5, through her husband Murugesan. It has been further stated that the mother of the first defendant Guruvayammal had purchased two acres and 19 cents of land, including the suit property, on 16.6.1955, for a valid consideration. The said property had been bequeathed by Guruvayammal in favour of her elder daughter, the first defendant herein, by way of a Will, dated 7.8.1992, voluntarily and in a sound state of mind. Even during the life time of Guruvayammal, the mother of the first defendant, had settled certain properties in Kesari mangalam village in favour of her younger sister pavayammal and all necessary provisions had been made in her favour, as per the customary practice of the community. The first defendant is to enjoy the properties bequeathed to her, as per the Will, dated 7.8.1992, during her life time, and thereafter, it would devolve on the second and the third defendants in the suit.