PACHAI AMMAL ALIAS MANONMANI Vs. PALANI

JUDGEMENT

(1.) THE plaintiff is the appellant herein and she filed the suit for partition. THE case of the appellant/plaintiff was that Item Nos.1 and 2 were the properties of one Lakshmi Ammal, the mother of the plaintiff and item No.3, was the property belonging to the family and item No.4, also belonged to the family purchased in the name of the defendants 1 and 2. As the plaintiff is the daughter of one Somasundaram and Lakshmi Ammal and the defendants 1, 2 and 4 are the sons and the third defendant is the another daughter of the said Somasundaram and Lakshmi Ammal, the plaintiff filed the suit for partition.

(2.) THE first defendant contested the suit stating that item Nos.1and 2 were the properties of the mother and she executed a Will in favour of his wife, the fifth defendant, bequeathing item Nos.1and 2 of the suit properties and therefore, the plaintiff cannot claim any share in item Nos.1 and 2. In respect of item No.3, it was admitted that the properties belonged to the family and even in the year 1980, it was divided by the sons and they are enjoying the same, since 1980. THErefore, in respect of Item No.3, the plaintiff cannot claim any share and in respect of item No.4, the property was purchased by the defendants 1 and 2, and it is their separate property and hence, the plaintiff cannot claim any right in that property also.

(3.) THE First Appellate Court reversed the findings of the trial Court and held that the Will was properly proved by the fifth defendant through one of the attesting witness-D.W.3 and therefore, the plaintiff cannot claim any share in item Nos.1 and 2 and the properties in item Nos.3 and 4, are also not liable for partition, as they are the properties of the defendants 1, 2 and 4 and hence, the plaintiff is not entitled to any share in the property and allowed the appeal and dismissed the suit. THE First Appellate Court also relied upon Exs.B8 and B32, to hold that the plaintiff is not entitled to any share in respect of item Nos.3 and 4. Hence, the Second Appeal.