LAWS(MAD)-1994-8-47

PADMAVATHI AMMAL Vs. ALAMELU AMMAL

Decided On August 11, 1994
PADMAVATHI AMMAL Appellant
V/S
ALAMELU AMMAL AND OTHERS Respondents

JUDGEMENT

(1.) THIS appeal arises out of the judgment passed by the learned Subordinate Judge, Sivaganga, dated 24.11.1984 in A.S.No.145 of 1982 remitting the suit O.S.No.209 of 1981 to the trial court for fresh disposal as per the directions given in the judgment.

(2.) THE case of the plaintiff is one for delivery of possession and permanent injunction against the respondents and the plaintiff relies upon a Will executed by one Gomathi Ammal in his favour on 14.8.1978.

(3.) THE trial court after considering the evidence placed before it, has held that the Will executed by Gomathi Ammal is true and valid and it was executed while she was in a sound and disposing state of mind and therefore the plaintiff is entitled to right over the suit properties and granted a decree as prayed for.