S.AMSA KALYANI Vs. S.RAVI GANESAN

JUDGEMENT

(1.) The first defendant is the appellant. The first and second respondents are the plaintiff and second defendant respectively.

(2.) The appellant is aggrieved by the decree for partition and separate possession granted in favour of the plaintiff, declaring his 1/3rd share in the suit property. The plaintiff's sued for partition contending that the suit property belonged to the mother of the parties namely Navaneetham, who died on 14/12/2002. The said property was purchased under a Sale Deed dtd. 14/6/2000. As the son, the plaintiff would contend that he would be entitled to 1/3rd share in the suit property. The defendants 1 and 2 are the siblings of the plaintiff. The second defendant admitted the case of the plaintiff. The first defendant filed a written statement contending that the suit property was purchased by her, out of her own income in the name of her mother. It was also contended that the mother had executed a Will on 10/10/2002, bequeathing the suit property to the first defendant. Therefore, according to the first defendant, neither the plaintiff nor the second defendant are entitled to a share in the suit property. On the above pleadings, the learned Trial Judge framed the following issues and additional issues:-

(3.) At trial, the plaintiff was examined as P.W.1 and Exs.A1 to A6 were marked through him. The first defendant examined herself as D.W.1. The attesting witness to the Will was examined as D.W.2. The second defendant was examined as D.W.3 and Exs.B1 to B14 were marked through him.