RATHNAVEL Vs. THAMILARASI

JUDGEMENT

(1.) Heard Mr.M.Devaraj, learned counsel for the appellant and also perused and examined the materials and evidence available on record.

(2.) This Second Appeal has been filed challenging the concurrent findings of the Courts below.

(3.) The Appellant is the first defendant in the suit O.S. No.958 of 2004 on the file of the II Additional District Munsif, Salem. The respondents 1 and 2 are the plaintiffs in the said suit. The remaining respondents are the tenants in the suit property. The appellant / first defendant and the first and second respondents in the Second Appeal are siblings born to Irusayee and Dasappan. The suit was filed for partition by the respondents 1 and 2 against the appellant seeking their share of the property in the suit schedule property. The appellant / first defendant contested the suit by filing the written statement stating that even prior to the filing of the suit, a registered Will dated 06.06.1991 was executed in his favour by his mother Irusayee and by virtue of the same he is the absolute owner of the suit schedule property. The respondents 1 and 2 disputed the same before the Trial Court.