MANICKAM Vs. SAKUNTHALA ALIAS RAJESWARI

JUDGEMENT

(1.) THE plaintiff in O. S. No. 673 of 1983 on the file of the Second Additional District Munsif Court Coimbatore, who succeeded before the Trial Court, but lost before the first Appellate court, has filed the above second appeal.

(2.) THE suit in O. S. No. 673 of 1983 was filed by the appellant for partition and separate possession of her 1/3rd share in the suit property and for mense profits at Rs. 250/- per month from the date of filing of suit, till possession is delivered to her.

(3.) THE sixth defendant filed a separate written statement interalia contending that one year after the death of Savadammal , Ramachandran came to her house and obtained her husbands signature in the alleged Will purported to have been executed by the said Savadammal. Late Savadammal did not execute any such Will, either in favour of Ramachandran or in favour of his family members. On the date when her husband signed in the Will, Savadammal was not alive and hence the unregistered Will, said to have been executed by the said Savadammal does not have any binding force either on the plaintiff or on the sixth defendant. But in the Trial, the sixth defendant remained ex- parte.