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1998 Supreme(Mad) 575

S.JAGADEESAN
S. Kaliyammal and Others – Appellant
Versus
K. Palaniammal and Others – Respondent


Appearing Advocates:S. V. Jayaraman, Sr. Counsel, V. Nicholas, T. R. Mani, Sr. Counsel, C. R. Prasanna, Advocates.

Judgment :-

The plaintiffs in O.S. No. 325/81 of the file of Sub-Court, Coimbatore are the appellants herein. They filed the said suit for declaration that the will executed by one Nanjammal dated 12-9-65 is not valid and it will not affect the rights of the plaintiffs over the suit property and for partition of the suit properties into five equal shares and to allot one such share to them. Their case is that the suit property originally belonged to one Nanjammal, wife of Ponniah Gounder. Sami Gounder is her son. The first plaintiff is the wife of the said Sami Gounder. The plaintiffs 2 to 4 are the sons. Sami Gounder died in the year 1966. The defendants 1 and 2 are also the sons of the said Nanjammal and the defendants 3 and 4 are her daughters. The defendants 3 and 4 both married one Ponnay Gounder. Nanjammal died in the year 1974. Though she was living with her sons, occasionally she stayed with her daughters, the defendants 3 and 4 and on one such occasion the defendants got the thumb impression of their mother Nanjammal in a blank paper and thereafter prepared a will, bequeathing all the properties in favour of the defendants 3 and 4. The will is not valid and the plaintiffs






























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