(1.) THE plaintiff is the appellant herein. THE suit arising out of which is the present second appeal is filed by the appellant for the relief of partition and separate possession of her " share in the suit property and for past and future mesne profits. THE suit is dismissed by the trial court and the judgment and decree of the trial court is also confirmed by the lower appellate court. Hence, the present second appeal before this court by the plaintiff.
(2.) THE second appeal is admitted on the following substantial questions of law: a. Whether the courts below should not have held that in as much as Maniammal claims through the will under Ex.A1, the provisions of law under Section 14(2) of the Hindu Succession Act alone would apply" b. Whether the judgement and decree of the courts below in A.S.No.148/96 dated 26.11.1996 on the file of Civil Judge, Senior Division, Kallakurichi in confirming the judgement and decree in O.S.No.497/87 and dated 31.3.1993 on the file of the Additional District Munsif, Kallakurichi is even otherwise illegal, incompetent and without jurisdiction and in any event liable to set aside"
(3.) THE parties have, in support of their respective claim, examined the plaintiff and the first defendant and his witness as P.W.1 and D.W.1 and D.W.2 and produced copy of the will, exchange of notices and original settlement deed as Exs.A1 to A3 and Ex.B1.