ACHAMMAL Vs. RAJAMANICKAM KARTHIKEYAN

JUDGEMENT

(1.) This second appeal has been filed against the judgment and decree, dated 13.3.1995, made in A.S.No.46 of 1993, on the file of the Sub-Court, Nagapattinam, confirming the judgment and decree, dated 15.7.1992. made in O.S.No.244 of 1988, on the file of the District Munsif Court, Nagapattinam.

(2.) The first defendant in the suit in O.S. No. 244 of 1988, is the appellant in the present second appeal. The plaintiff in the suit, who is the first respondent herein, had filed the suit on the file of the District Munsif Court, praying for declaration of title and for permanent injunction, in respect of the suit schedule property.

(3.) The plaintiff in the suit in O.S.No. 244 of 1988, had stated that, out of the total extent of 1.33 acres, in R.S.No. 65/4, in No. 137, Vilunthamavadi village, in Nagapattinam, an extent of 67 cents, on the western portion of the land, had originally, belonged to Rethina Koundar, the husband of the first defendant and adoptive father of the second defendant Rethina Koundar, while in a sound and disposing state of mind and bodily health, had bequeathed all his properties, including the 67 cents in the suit properties, under a Will, dated 25.2.1971. The Will has been duly attested, in accordance with law and it has been registered in the office of the Sub-Registrar, Thirupundi, as document No. 71, in Book 3 of the year 1971.