KARUPPASAMY AND ORS. Vs. K. RAMASAMY

JUDGEMENT

(1.) The defendants in the original suit are the appellants in the Second Appeal. The respondent herein filed O.S. No. 83 of 2008 on the file of the Trial Court, namely the Court of District Munsif, Sivakasi for declaration of title and injunction in respect of half share in the suit well, the electric service connection and electric pumpset fitted in the suit well together with the accessories.

(2.) The claim was made on the basis of his contention that the entire well was owned by one Samuel and he conveyed half share in the well in favour of one Seeni under a sale deed dated 3.7.1994 and that from the said Seeni, the respondent/Plaintiff purchased the half share belonging to Seeni together with the agricultural dry land comprised in S. No. 505 in the suit village, under the sale deed dated 30.6.1997, a certified copy of which is marked as Ex. A2.

(3.) However, the appellants/defendants resisted the claim contending that the entire well had been bequeathed by Samuel on his wife Valli by a registered "Will" dated 16.3.1998, certified copy of which is marked as Ex. A7; that on the death of Samuel on 13.6.1993, the "Will" came into effect and his wife Valli became the owner of the entire Well and that from the said Valli, the appellants/defendants had purchased the same under two sale deeds registered as document Nos. 3077 of 1993 and 1808 of 1995, on the file of Sub-Registrar, Sivakasi.