PAPPAMMAL (DIED) AND ORS. Vs. K. KUPPUSWAMY

JUDGEMENT

(1.) THE defendants in O.S. No. 278 of 1964 on the file of the Sub -Court, Coimbatore, are the appellants. The respondent -plaintiff filed the suit for a declaration that his mother Poovathal had acquired a vested interest in the suit properties under the terms of the will dated 12th December, 1929, executed by his maternal grand -father, one Ramana Goundar, that he has inherited the said vested right on the death of his mother and that the will dated 4th August, 1964, executed by the first defendant in favour of the second defendant as though she had an absolute right over the property was not Valid and binding on him.

(2.) THE defendants resisted the suit contending that the will dated 12th December, 1929, executed by Ramana Goundar gave an absolute right to the first defendant in the suit properties, that the first defendant could dispose of the same by her will dated 4th August, 1964, and that the plaintiff had not acquired any vested interest in the suit properties under the will of Ramana Goundar.

(3.) IN this Second Appeal the dependents contend that the view taken by the lower appellate Court is erroneous and that the view taken by the trial Court is the correct one.