V VEERANAN AMBALAM Vs. PERIAKARUPPAN ALIAS JAYAVELU &

JUDGEMENT

(1.) CHALLENGE in this second appeal is to the judgment and decree dated 19.11.1993 passed in Appeal Suit Nos.63 of 1992 by the Principal Subordinate Court, Madurai.

(2.) THE respondents herein as plaintiffs have instituted Original Suit No.42 of 1991 on the file of the District Munsif Court, Melur, for the reliefs of declaration and perpetual injunction, wherein the present appellants have been shown as defendants.

(3.) IN the reply statement filed on the side of the plaintiffs, it is stated that the deceased Mookkammal @ Ayiammal has not executed any Will in favour of anybody, much less on 11.08.1989 in favour of the second defendant. The said Mookkammal @ Ayiammal has met with an accident on 02.04.1989 and the entire expenses have been spent by the plaintiffs 1 & 2. Since the said Mookkammal @ Ayiammal has met with an accident, she got mental illness and very often she used to go away from the house. The alleged will dated 11.08.1989 is nothing but concoction and the defendants are not having any manner of right, title and interest over the suit properties and therefore, the suit may be decreed as prayed for.