K.K.KARTHIKEYAN Vs. C.R.DEIVASIGAMONY CHETTY

JUDGEMENT

(1.) The unsuccessful plaintiffs, who have filed a suit in C.S. No. 523 of 1983 for declaration and the consequential relief of possession, have preferred this Original Side Appeal. Facts in brief:

(2.) Before the learned single Judge, the following issues were framed:

(3.) The learned counsel appearing for the appellants contends that inasmuch as late Kalavai A. Kandasamy Chetty was insane, the decree passed is a nullity. The Will has not been probated and some of the properties are not covered by the Will. The learned counsel has also submitted that the learned single Judge has committed an error in dismissing the suit on the ground of limitation which started only on the date of the knowledge and therefore, the appeal will have to be allowed.