MOHANAVALLI Vs. KANAGAVALLI

JUDGEMENT

(1.) The plaintiff in the suit is the appellant before this Court. The second appeal is filed challenging the judgment and decree dtd. 14/11/2006 in AS.No.148 of 2004 on the file of Principal District Judge, Chengalpattu, reversing the judgment and decree dtd. 15/7/2004 in OS.No.189 of 2001 on the file of Principal Subordinate Judge, Chengalpattu.

(2.) For the sake of convenience, the parties are referred to as per their ranking before the trial court. The brief facts, which gave rise to the second appeal, are as follows:

(3.) According to the plaintiff, the suit properties originally belonged to Chakrapani Reddiar who is the husband of the first defendant and the father of the plaintiff and defendants 2 to 5. Only during May 1995, when the plaintiff was searching for her horoscope, she came across the registered will dtd. 29/10/1975 in Ex.A.3. As per the recitals in the will, the 'A' schedule will go to Andalammal, who is the first wife of Chakrapani Reddiar, entitled to enjoy till her lifetime without the power of alienation, thereafter it should be taken equally by the plaintiff and the defendants 2 to 5. Further, according to the will, the first defendant has to maintain and manage the 'B' schedule property and has to divide the said properties equally in a fair manner without any bias or favour to the plaintiff and defendants 2 to 5. Further, as per the will, the 'C' schedule properties were bequeathed in favour of Muralikrishnan, who is the brother's son of Chakrapani Reddiar. Since Muralikrishnan died as a bachelor and his father and mother also predeceased him, the plaintiff's father himself alienated the said property mentioned in the 'C' schedule given to Muralikrishnan.