PRABHA SRIDEVAN
Govindaraja Naidu & Another – Appellant
Versus
Meenatchi Sundaram & Others – Respondent
Under Section 100 Civil Procedure Code, the scope of interference is very limited. However, when both the Courts below have declared the title in favour of a person on the basis inter alia of a sale deed executed by a person, who had no authority to do so; and a Will which is not proved by examining the attesting witnesses; then the matter will have to be examined with great care and caution.
2. The first respondent herein filed the suit for declaration of his title and for possession of the property. The first respondent claims his title from the legal heirs of one Balaguru Chettiar. Balaguru chettiar is the son of one Govindasamy Chettiar. The father of the second appellant viz., Kaliaperumal is the brother of Govindasamy Chettiar. The property originally belonged to one Sowriraja Chettiar, who died in 1941. His wife Krishnammal died in 1977 issueless. Sowriraja Chettiar executed a Will dated 22.07.1934, Ex.A11, bequeathing his properties including the suit property in favour of Balaguru Chettiar. The Will was notarised in accordance with French law and the same is not in dispute. Balaguru Chettiar died in 1983 leaving behind him his surviving heirs, his wife Rukmani
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