KARUPPAYEE AMMAL Vs. RAMASAMY UDAYAR

JUDGEMENT

(1.) THE above Second Appeal arises against the judgment and decree in A.S.No.46 of 2001 on the file of Principal Sub Court, Virudhachalam reversing the Judgment and Decree in O.S.No.58 of 1996 on the file of District Munsif cum Judicial Magistrate, Tittagudi.

(2.) THE plaintiff in the suit is the appellant in the above second appeal and the respondents are the defendants in the suit.

(3.) THE brief case of the defendants are as follows: According to the defendants, after the death of Solaiappa Udayar, all the family properties devolved on Sengan Udayar as the surviving co-parcener and he had ousted the others. Further, defendants denied the partition in the year 1963. According to the defendants, Sengan Udayar executed a registered Will in their favour and he did not execute any Will in favour of the plaintiff. Hence, defendants prayed for dismissal of the suit.