SENGODA GOUNDAR Vs. ARUNACHALAM

JUDGEMENT

(1.) THIS appeal has been arising out of the judgment and decree dated 12.10.2007 made in O.S.No.40 of 2005, on the file of the Additional District Court, Fast Track Court No.II, Salem.

(2.) THE averments made in the plaint are as follows:

(3.) THE trial Court, after considering the averments both in the plaint and the written statement and arguments of both the counsel, has framed six issues and considering the oral evidence of P.Ws.1 to 6 and D.Ws.1 to 4 and Exs.A1 to A28 and Exs.B1 to B27, dismissed the suit stating that the will is forged one. So the plaintiff is not entitled to the declaration of 'A' schedule properties and he is not entitled to the partition of 'B' schedule properties. There is no cause of action for 'C' schedule properties and hence, dismissed the suit. Against which, the present appeal has been preferred by the appellant/plaintiff.