NEELAMEGAM Vs. GOPALAKRISHNAN

JUDGEMENT

(1.) Notice before admission was issued to the respondents and the respondents are represented by a counsel.

(2.) The arguments advanced by Mr.M.Thilagar, learned counsel for the appellant and by Mr.S.Srinivasa Raghavan, learned counsel for the respondents are heard.

(3.) The plaintiff in Original Suit No.95 of 2001 on the file of the District Munsif Court, Sivaganga, is the appellant in the Second Appeal and the defendants in the original suit were his brother - Gopalakrishnan, mother -Nagarathinam Ammal and sister - Muthammal. During the pendency of the suit, second defendant - Nagarathinam Ammal died and she had executed a gift settlement deed, dated 17.11.2000 in favour of Gopalakrishnan/first defendant in respect of the suit properties and the same has been marked as Ex.B.15. In respect of other properties held by her, she had also left a Will, dated 17.11.2000 produced as Ex.B.16. The suit properties were the properties purchased in the name of Nagarathinam Ammal/second defendant. The certified copies of sale deeds are Exs.B.1 to B.4. The husband of Nagarathinam Ammal is one Sundararajan Chettiar. Since Nagarathinam Ammal had been suffering from leprosy, her husband -Sundararajan Chettiar, who was doing business in Malaysia, contracted a second marriage.