PAPAMMAL 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 12-12-1929 executed by his maternal grandfather, one Ramana Gounder, that he has inherited the said vested right on the death of his mother and that the will dated 4-8-1964 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 date 12-12-1929, executed by Ramana Gounder 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 4-8-1964, and that the plaintiff had not acquired any vested interest in the suit properties under the will of Ramana Gounder.

(3.) THE trial court held that the plaintiff did not acquire any vested interest under the will of Ramana Gounder dated 12-12-1929. The lower appellate court however, disagreed with the trial court and passed a decree in favour of the plaintiff upholding his case that he acquired a vested interest in the suit properties under the said will.