A.BABY Vs. A.ARUMUGHA KONAR

JUDGEMENT

(1.) This Second Appeal has been filed, challenging the finding of the First Appellate Court, setting aside the judgment of the trial Court, granting the decree on the basis of Ex. A. 4, dated 28. 01. 1987.

(2.) The brief fact, leading to file this Second Appeal, is as follows:- The plaintiff and the first defendant are the sister and brother. The defendants 2 and 3 are the sons of the first defendant. The suit property originally belonged to the father of the parties and he had executed a settlement in favour of the mother of the plaintiff under Ex. A. 1. The mother of the plaintiff had bequeathed the property in favour of the plaintiff, by a registered Will deed dated 28. 01. 1987. Ever since the date of death of the mother, the plaintiff has become entitled to the property and is in possession of the property. The defendants made an attempt to disturb the plaintiff. In respect of which, a complaint has been filed by the plaintiff. Hence, the suit has been filed for permanent injunction.

(3.) The defendants contended that the settlement is sham and nominal and in fact, on 07. 04. 1954, the property was settled in favour of the first defendant. The first defendant, by rearing cattle, had maintained his mother and family. The alleged Will has been fabricated at the time, when the mother was aged about more than 90 years. At that time, she was mentally retarded person and not having vision in the eye. Hence, the Will was fabricated. Therefore, they prayed for dismissal of the suit.