(1.) THESE Second Appeals are being disposed of by this common judgment, as these appeals would arise out of a common judgment and the issue and the parties are the same in both the appeals.
(2.) GNANASOUNDARI, the appellant herein filed the suit in O.S. No. 490 of 1981 " for declaration of title to the suit property and injunction on the strength of the will dated 11.01.1980 executed by her husband Azhagu Padayachi in respect of superstructure. Subramanian, the third defendant in the said suit filed a suit earlier on O.S. No. 2425 of 1978 being one of the sons of Azhagu Padayachi claiming partition of his 5/16 share alleging that Azhagu Padayachi, who died pending the suit was the karta of the joint family and the suit properties should be divided between the sons and the mother, that GNANASOUNDARI, the 8th defendant in the said suit was not the legally wedded life to the said Azhagu padayachi and that his father did not execute any Will in respect of item No. 18 (superstructure) claimed by GNANASOUNDARI.
(3.) I have given my thoughtful consideration to the arguments advanced by both the counsel for the parties with reference to the questions of law mentioned above
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