J.S. GODWIN Vs. J.S. JASHMIN STELLAH

JUDGEMENT

(1.) THE Judgment and decree dated 09.06.2009 passed in Original Suit No.165 of 2004 by the Principal District Court, Virudhunagar District at Srivilliputtur are being challenged in the present appeal suit as well as cross objections.

(2.) THE respondent in A.S.(MD) No.233 of 2009/cross objector as plaintiff has instituted Original Suit No.165 of 2004 on the file of the trial Court praying to pass a preliminary decree of partition in respect of her half share, wherein the present appellants have been shown as defendants.

(3.) IN the written statement filed on the side of the defendants 1 and 2, it is averred that the relationship mentioned in the plaint is correct. The mother of the plaintiff has executed two Wills on 22.10.1999 in favour of the first defendant and plaintiff. In the Will executed in favour of the first defendant, the suit property has been mentioned. Further a family arrangement has taken place amongst the plaintiff, first defendant and their mother, wherein the property standing in the name of the father has been absolutely given to the mother. Under the said circumstances she has executed the Will dated 22.10.1999 in favour of the first defendant in respect of the suit property. Since the Will dated 22.10.1999 has come into existence and that too in favour of the first defendant, the plaintiff is not having any partible interest over the suit property and therefore the present suit deserves to be dismissed.