RANGANAYAGI Vs. RAMASAMY

JUDGEMENT

(1.) This appeal has been filed as against the judgment and decree dated 22.08.2005 passed in A.S.No.31 of 2004 on the file of the I Additional District Court, Coimbatore, confirming the judgment and decree dated 17.04.2003 passed in O.S.No.36 of 1990 on the file of the I Additional District Munsif Court, Coimbatore.

(2.) For the sake of convenience, the parties are referred to as per their ranking in the trial Court.

(3.) The case of the plaintiff in brief is as follows :- 3.1. The suit is filed for partition and separate possession. The first defendant is the brother of the plaintiff and the second defendant is the wife of the first defendant. The plaintiff, the first defendant and one Kondasamy Naidu are the legal heirs of their deceased father Narasimhalu Naidu. The said Kondasamy Naidu died on 12.08.1956 and he was an unmarried man and bequeathed his share of the property in favour of the plaintiff through a registered Will. Thereafter, the plaintiff and the first defendant are in joint possession and enjoyment of the suit property in their respective shares. The plaintiff further submitted that the said Will acted upon and she is enjoying the property. In fact, the first defendant is managing the entire suit property and used to give annual income from the suit property to the plaintiff.