R. BANUMATHI Vs. R. BALASUBRAMANIAM AND ORS.

JUDGEMENT

(1.) THIS second appeal has been preferred against the decree dated 17.04.2007 made in A.S. No. 6 of 2006 on the file of the lower appellate Court (Sub -Court, Coimbatore) confirming the decree of the trial Court, namely the Principal District Munsif, Coimbatore dated 17.08.2005 made in O.S. No. 3743 of 2004 dismissing the suit.

(2.) R . Banumathi, the first defendant in the original suit is the appellant in the second appeal. R. Balasubramaniam, the plaintiff in the original suit is the first respondent. Defendants 2 to 6 in the original suit are the respondents 2 to 6 in the second appeal. R. Balasubramaniam, the first respondent/plaintiff and Mahalakshmi, the second respondent/second defendant are the son and daughter of Late Rawuther Pannadi. Banumathi, the appellant/first defendant is their mother. According to the first respondent/plaintiff, the respondents 3 to 6/defendants 3 to 6 are tenants in respect of portions of the suit property. Three more persons by names Rukiya Beevi, Sekar and Sachu Kumar were also tenants in respect of portions of the suit property and they have subsequently vacated the said portions.

(3.) ADMITTEDLY , Rawuther Pannadi had married one Lakshmi Ammal and the said Lakshmi Ammal died issue less. After the death of Lakshmi Ammal, Rawuther Pannadi married Banumathi, the appellant herein/first defendant and she gave birth to the first and second respondents/plaintiff and the second defendant and one Sasikala, who is no more. It is also not in dispute that the suit properties and other properties were the self -acquisitions and thus, absolute properties of Rawuther Pannadi. It is also an admitted fact that the said Rawuther Pannadi, out of his own volition, made a registered Will dated 27.01.1995 bequeathing the suit properties and other properties to his children, namely respondents 1 and 2/plaintiff and the second defendant. He also incorporated a clause in the said Will that in case of birth of other children to him, they would be entitled to equal shares.