R. RAMESH Vs. RAJ

JUDGEMENT

(1.) Feeling aggrieved with the Judgment and Decree, dated April 29, 2017 passed by the 'Sub-Court, Tambaram' ['First Appellate Court' for short] in A.S. No.48 of 2015, the Appellant therein has filed this Second Appeal.

(2.) The Appellant herein is the Plaintiff and the Respondent herein is the Defendant in O.S. No.17 of 2014 on the file of 'District Munsif Court, Tambaram' ['Trial Court' for short].

(3.) The case of the Plaintiff is that the Plaintiff's parents, Rajaram and Palammal, had 2 sons - Plaintiff and Defendant as well as 4 daughters namely, S. Rani, Kala, Neela and Indira. The Plaintiff's Father-Rajaram owned an extent of 2,632 Sq.ft. in S. No.145/B2 and an extent of 500 Sq.ft. in S. No.333/A1, of Selaiyur Village, East Tambaram. According to the Plaintiff, Father-Rajaram executed a Will, dated May 26, 1998 whereby, he bequeathed the Suit property to the Plaintiff subject to the life interest created in favour of his Wife-Palammal. On the same day, he executed another Will whereby, he bequeathed the property behind the Suit property to the Defendant. The Plaintiff's Father-Rajaram passed away on January 31, 2012 and his Mother-Palammal passed away in May 2007. Hence, the Wills, dated May 26, 1998 came into effect and both the Plaintiff and the Defendant have been in possession and enjoyment of their respective property allotted under the said Wills.