THANAMMAL Vs. M.MADHAVI

JUDGEMENT

(1.) S.A.No.958 of 2003 The second plaintiff in the suit in O.S.No.696 of 1993 on the file of the Second Additional District Munsif Court, Nagercoil, is the appellant in this second appeals.

(2.) The suit in O.S.No.696 of 1993 was filed by one Ganapathi Pillai for declaration that he is the real owner in possession of suit 'A' and 'B' schedule properties and that the Will dated 08.01.1983 is a void document and for a consequential injunction restraining the defendants from trespassing into the suit properties. Since the plaintiff died during pendency of the suit, the second plaintiff came on record on her plea that she is the second wife of the deceased first plaintiff. It is only the appellant namely the second plaintiff in the suit who prosecuted the suit further.

(3.) The case of the original plaintiff namely Ganapathi Pillai is that he is the owner of suit 'A' schedule properties, since he purchased the plaint 'A' schedule properties with his money in the name of his first wife Smt.Muthammal. Though Ganapathi Pillai admitted that the suit 'B' schedule properties belong to one Chinnammal, the mother of his first wife, it is his case that suit 'B' schedule property was gifted to him by his mother-in-law Smt.Chinnammal. He also pleaded that his father-in-law and Chinnammal were so affectionate to him and that his father-in-law had bequeathed all his assets to Ganapathi Pillai as per Will dated 13.08.1964.