R POUNRAJ Vs. R VIJAYA

JUDGEMENT

(1.) The Second Appeal has been preferred against the Decree and judgment made in A.S.No.4 of 2006 on the file of the Principal District Court, Theni, confirming the judgment and decree made in O.S.No.332 of 1997 on the file of the District Munsif-cum- Judicial Magistrate Court, Bodinayakkanur.

(2.) The brief facts of the case in O.S.No.332 of 1997 is that the plaintiff has filed the above suit for the following reliefs

(3.) The case of the plaintiff is that the suit property is the A schedule property and it is the self acquired property of the plaintiffs' father Ramasamy Naicker. The defendant is one of the sons of Ramasamy Naicker. It is the case of the plaintiff that none of the sons of Ramasamy Naicker looked after him and it is the plaintiff who cared for him and out of love and affection, the said Ramasamy Naicker while he was in hale and healthy condition executed a Will with regard to A schedule property on 18.2.1990. The said Ramasamy Naicker died on 18.7.1991. As per the Will, the plaintiff became exclusive owner of the A schedule property.