RAMALINGAM Vs. CHINNASAMY

JUDGEMENT

(1.) The plaintiff, who suffered decrees before the Courts below, is the appellant herein. Seeking to reverse them, he has filed the above second appeal raising the following substantial questions of law.

(2.) The suit property originally belonged to one Rengasamy Padayachi and his son Boorasamy Pachachi. The plaintiff, who is the grandson of Rengasamy Padayachi, has filed the suit in O.S.No1 of 2001 seeking declaration and permanent injunction, solely placing reliance on Ex.A1, which is the certified copy of the registered Will executed by his grandfather Rengasamy Padayachi.

(3.) The case of the defendant is that the suit property has been sold by Rengasamy Padayachi along with his son Boorasami Padayachi under Ex.B1 dated 01.06.1961 in favour of the defendant. Prior to that, under Ex.B4, the property, which was the subject matter of Ex.A1 was also sold by Rengasamy Padayachi and Boorasamy Padayachi in favour of one Siva Padayachi. Ex.B1 also makes a reference to the minor children Booaramy including the plaintiff.