1. This appeal has been filed by the appellant against the judgment and decree passed by the first appellate Court in A.S.No.15 of 2003 dated 06.03.2003 confirming the judgment and decree passed by the trial Court in O.S.No.60 of 1994 dated 16.04.2001 in dismissing the declaratory relief.

2. The case of the plaintiff before the trial court would be as follows:

The plaintiff is the lawfully wedded wife of one Kesava Nainar. The suit properties were belonging to Kesava Nainar as he acquired from his individual income. The said Kesava Nainar was living separately and therefore, he had executed a settlement deed in favour of the plaintiff in respect of the suit properties on 22.08.1966 and thereby, the suit properties were given possession to the plaintiff. The said settlement deed was executed by the said Kesava Nainar in favour of the plaintiff in lieu of her maintenance. The plaintiff was in possession and enjoyment of the suit properties from the said date onwards and patta was given in the name of the plaintiff. She has also paid the kist payable to the suit properties. The plaintiff is also entitled to suit properties absolutely through intestate succession to the suit properties. The defendants, who are having no right in the suit properties, had come forward to disturb the possession and enjoyment of the suit properties. The said Kesava Nainar died intestate on 03.01.1994 leaving the plaintiff as his only heir. Since there was a dispute in between the plaintiff and the defendants regarding the suit properties, the defendants have fabricated a Will as if Kesava Nainar had executed a Will. In view of the hostile attitude of the defendants, the plaintiff has come forward with the suit for declaration of her title to the suit properties and for permanent injunction against the defendants.

3. The contentions of the defendants raised in the written statement filed by the first defendant, which was adopted by the second defendant are as follows:

The averments that the suit properties were originally belonged to Kesava Nainar and he was in possession and enjoyment of the suit properties, that the plaintiff is the wife of the said Kesava Nainar, that the suit properties were settled with the plaintiff on 22.08.1966 through a settlement deed and in pursuance of the settlement deed, the plaintiff is in possession and enjoyment of the suit properties and that the said Kesava Nainar died on 03.01.1994 are true. But the averment that the said Kesava Nainar died intestate on 03.01.1994 is not correct. The said Kesava Nainar had executed a Will in favour of the defendants in respect of the suit properties. The averment that the defendants have created a forged Will, as if the said Kesava Nainar had executed the same in favour of the defendants is not true. The plaintiff had quarrelled with Kesava Nainar and therefore, Kesava Nainar did not like to live with the plaintiff and therefore, he had stayed with his sister Alamelu Ammal and her husband Saminatha Nainar, after executing the settlement deed in favour of the plaintiff for her lifetime. The defendants have maintained the deceased Kesava Nainar till his lifetime. The said Kesava Nainar was taking treatment in Tambaram -Sanatorium and since the plaintiff has not maintained the said Kesava Nainar, he had executed a Will on 25.12.1993 in the presence of witnesses in respect of the suit properties and other properties in favour of the second defendant. The said Will was executed by Kesava Nainar in the presence of witnesses, who attested the signature of Kesava Nainar signed by him in their presence. The said Will was the first and the last Will of Kesava Nainar, who died on 03.01.1994. As per the terms of the Will, the second defendant was entitled to enjoy the properties belonging to Kesava Nainar including the suit properties, which were settled in favour of the plaintiff till her lifetime. The defendants are not disputing the right of the plaintiff to enjoy the suit prop