MUTHUVENKATARAMA IYENGAR Vs. SEETHALAKSHMI AMMAL

JUDGEMENT

(1.) THE first defendant in O.S. 1203 of 1979 on the file of District Munsif, Tirumangalam is the appellant. THE suit is filed by the first respondent herein-plaintiff for declaration and possession with mesne profits. She claims to be the widow of one Venkatarama Iyengar who died on 28.2.1965. THE plaint Schedule properties were acquired in the name of his mother Gomathi who died on 11.6.1978. THE case of the plaintiff is that the property is acquired in the name of Gomathi, the mother-in-law of the plaintiff, with the funds of her husband and, therefore, as a legal heir of her husband, she is entitled to a declaration and recovery of possession of the suit property.

(2.) THE first defendant is the brother's son of plaintiff's mother-in-law Smt. Gomathi Ammal. THE first defendant claimed right over the property in question on the basis of a Will alleged to have been executed by her mother-in law. He also continues to be in possession of the suit properties. THE second defendant-Bank is a custodian of the assets and in that capacity alone it has been impleaded as party second defendant.

(3.) THE following substantial questions of law have been raised at the time of admission of this Second Appeal.