KANNAMAML Vs. CHINNAPONNAMMAL

JUDGEMENT

(1.) 1. Defendant in O. S. No. 282 of 1981, on the file of District Munsif's Court , Ranipet isa appellant before this Court.

(2.) RESPONDENT herein filed the above suit for partition claiming one half share in the plaint items. Admittedly, the properly originally belonged to late Murugan , who died in January, 1980. Plaintiff, i. e. , the respondent herein, is his second wife, and the appellant is his daughter through first wife. It is admitted that the first wife is dead. It is the case of the respondent that Murugan died intestate, and herself and the defendant are the only legal heirs entitled to one half each. It is said that her husband never executed any will or settlement deed, and therefore, she is entitled to one half right in the property. Before the institution of the suit, a notice was issued, calling upon the defendant to effect a partition. It was in reply to that notice , the appellant contended that her father, i. e. , the acquirer has executed a will and settlement deed. This according to the plaintiff , is not correct, and at any rate, it is further said that the will even if any, is created and is invalid.

(3.) AT the time of admission of the second appeal, the following substantial question of law was formulated for consideration:- "whether the lower appellate Court is right in law in holding Ex. B-1 and B-2 are not true and acted upon by reversing the findings of the trial Court""