SARANGAPANI Vs. KALIDOSS

JUDGEMENT

(1.) Challenging the correctness of the judgment and Decree dated 26.02.2002 and made in A.S. No. 87 of 2001, on the file of the learned III Additional District Judge at Pond cherry, modifying the judgment and Decree dated 31.08.2001 and made in O.S. No. 142 of 1996, on the file of the learned III Additional District Munsif, Pond cherry, the Defendant has preferred this second appeal.

(2.) The facts, which giving rise to the memorandum of second appeal, are recapitulated as under:

(3.) The Plaintiffs are the sons of one Kannappa Nayakar. He had demised long before. The land measuring 40.00 Ares, comprised in Cadastre No. 30 and Re-survey No. 134/7, situated at Keezhagraharam Village, is originally belonged to the Plaintiffs' maternal grandfather Gopalu Go under. The said Gopalu Go under had executed a registered Will on 30.09.1953 bequeathing the said property in favour of the Plaintiffs' father Kannappa Nayakar and mother Perianayagi @ Mangavarathammal. Both the father and mother of the Plaintiffs were in possession and enjoyment of the said property till their death. The said Perianayagi @ Mangavarathammal had pre-deceased her husband.