MUNIAMMAL Vs. ANNADURAI

JUDGEMENT

(1.) THIS appeal is focussed as against the judgment and decree dated 14.03.1990 passed by the learned Subordinate Judge at Tirupathur in O.S.No.3 of 1983, which was filed by the plaintiff for declaration of her title to the suit properties and for recovery of possession of the same in addition to praying for other consequential and incidental reliefs. For convenience sake, the parties are referred to here under according to their litigative status before the trial Court.

(2.) TERSELY and briefly, niggard and bereft of details, the case of the plaintiff as stood exposited from the plaint could be portrayed thus:The plaintiff is the widow/ legal heir of P.R.Raja Gounder who died issueless on 21.03.1982. The defendants 3 and 4 are the said Raja Gounder's deceased two sisters' respective husbands. The defendants 1 and 2 are their respective sons. The defendants 3 and 4 dominated the mind of Raja Gounder during his life time and he was kept under their control for a long period of time. Raja Gounder was physically and mentally weak and he has lost his discretionary power. With a view to grab the suit properties belonging to Raja Gounder, the defendants brought about a Will as though executed by the said Raja Gounder in favour of D1 and D2. The death of Raja Gounder was not even informed to the plaintiff. After his death, the defendants started setting up untenable claim over it based on an alleged Will dated 20.04.1964 executed by Raja Gounder, who could not have executed such a Will ignoring his own brothers and their sons and there was no necessity for Raja Gounder to execute such an alleged Will. Hence the suit.

(3.) THE trial court framed the relevant issues. During trial, on the side of the plaintiff P.Ws.1 and 2 were examined and Exs.A1 to Ex.A6 were marked. On the side of the respondents D.Ws.1 to 8 were examined and Exs.B1 to Ex.B7 were marked. Court documents Exs.C1 and C2 were marked. Ultimately, the trial Court dismissed the suit.