SRIDHANDAPPA Vs. MUNIAMMA

JUDGEMENT

(1.) This second appeal has been preferred against the judgment and decree of the learned Subordinate Judge, Hosur dated 27.01.2006 made in A.S.No.32 of 2005 on the file of the Sub-Court, Hosur. By the said decree of the first appellate Court, Judgment and decree passed by the trial Court, namely District Munsif, Denkanikottai dated 15.04.2005 in O.S.No.244 of 1999 came to be reversed. The trial Court had dismissed the suit and the appellate Court, setting aside the decree of the trial Court, decreed the suit and granted a preliminary decree for partition directing division of the suit property into two equal shares and allotment of one such share to the plaintiff in the above said suit.

(2.) The suit was filed by Muniamma, the respondent herein, against Sridhandappa @ Rajappa, who is none other than the brother of the respondent herein, on the premise that the said property belonged to their mother Ramakkal and she died intestate leaving behind her the appellant herein/defendant and the respondent herein/plaintiff as her non-testamentary legal heirs entitled to equal moieties in the estate of deceased Ramakkal. The suit was resisted by the appellant herein/defendant on the basis of his contention that Ramakkal, the mother of the parties did not die intestate and on the other hand, she had left a Will dated 07.04.1974 bequeathing the suit property in favour of the appellant herein/defendant.

(3.) The learned trial Judge simply framed two issues without framing a specific issue regarding the proof and validity of the Will propounded by the appellant herein/defendant and decided the suit based on the evidence adduced on both sides. The issues thus framed by the trial Judge are: