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2011 Supreme(Mad) 4489

G.RAJASURIA
Perumal – Appellant
Versus
Alagammal @ Pappathi – Respondent


Advocates Appeared:
H.Arumugam, M.Vallinayagam

JUDGMENT

( 1. ) THIS second appeal is focussed by the defendant animadverting upon the judgment and decree dated 23.10.2007 made in A.S.No.93 of 2006 on the file of the Sub Court, Ambasamudram, in confirming the judgment and decree dated 24.10.2005 made in O.S.No.276 of 2002 on the file of the Additional District Munsif Court, Ambasamudram.

( 2. ) THE parties, for the sake of convenience, are referred to hereunder according to their litigative status and ranking before the trial Court.

Compendiously and concisely, the relevant facts absolutely necessary and germane for the disposal of this second appeal would run thus: The plaintiff - Perumal, filed the suit for declaration of his title over the suit property and for recovery of possession based on the registered Will dated 15.02.1990 executed by the testator - Lakshmiammal.

( 3. ) THE defendant resisted the suit on the ground that the said Will relied on by the plaintiff is not a genuine one and the defendant's husband Krishnasamy happened to be the brother of the said testator - Lakshmiammal, who died issueless and her husband also predeceased her. Whereupon, Krishnasamy enjoyed the suit property and thereafter, he executed a sett
















































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