RAMAKRISHNAN Vs. SUSILAMMAL

JUDGEMENT

(1.) THE 1st Defendant died during the pendency of this Second Appeal and his legal heirs are the Appellants herein in this second appeal.

(2.) THE 2nd Plaintiff, who is the 1st Respondent herein and one Lakshmiammal/1st Plaintiff filed the suit in OS. No. 90/1985, before the District Munsif Court, Arni for partition and the said suit was decreed as prayed for. As against the same, the appeal filed by the 1st Defendant in AS. No. 40/1994 before the Subordinate Judge, Arni was dismissed, confirming the Judgment and Decree of the Trial Court. Aggrieved by the same, this second appeal has been filed by the 1st Defendant.

(3.) THE facts, which resulted in filing of this Second Appeal, are as follows:-The suit property originally belonged to one Ramarishna Chettiar, who had two sons viz. Govindaraj and Perumal. The Wife of Govindaraj, Lakshmiammal executed a Will, dated 30. 8. 1988 in favour of the 2nd Plaintiff/1st Respondent herein, bequeathing 50% of the share in the suit property. Hence, the suit has been filed for partition.