SAMIKANNU Vs. INDIRA GANDHI

JUDGEMENT

(1.) THE above Second Appeal arises against the judgment and decree dated 20.11.1999 made in A.S.No.58 of 1999 on the file of the Court of the Additional Subordinate Judge, Mayiladuthurai, modifying the Judgment and Decree dated 12.07.1999 made in O.S.No.50 of 1994 on the file of the Court of District Munsif, Sirkali, In fact the above second appeal has been filed only against the finding which went against the appellants.

(2.) IN the above second appeal, the defendants in the suit are the appellants and the respondent is the plaintiff in the suit.

(3.) THE brief case of the defendants are as follows:-(i) According to the 1st defendant, the settlement deed executed by him is only a sham and nominal document and therefore, no right has passed on to the plaintiff. THE defendants also denied that items 2 and 3 were purchased in the name of the second wife, the mother of the plaintiff. THErefore, it was only a benamy transaction. THE defendants also contented that the WILL said to have been executed by vasantha, the mother of the plaintiff is not a genuine one. According to the defendants, they are in possession and enjoyment of the suit properties and prayed for dismissal of the suit.