The central legal point established in the judgment is the importance of proving the due execution and attestation of a will as per the provisions of the Transfer of Property Act, 1882 and the Evidence Act, and its influence on property ownership disputes.

(Second appeal has been filed under Section 100 of C.P.C., against the judgment and decree dated 07.12.2007 passed in A.S.No.29 of 2007 by the Subordinate Judge, Ambasamudram, confirming the judgment and decree dated 25.01.2007 passed in O.S.No.412 of 2004 by the Principal District Munsif, Ambasamudram.)

The concurrent judgments passed in Original Suit No.412 of 2004 by the Principal District Munsif Court, Ambasamudram and in Appeal Suit No.29 of 2007 by th Subordinate Court, Ambasamudram are now under challenge.

2. The respondent herein as plaintiff has instituted Original Suit No.412 of 2004 on the file of the trial Court, for the reliefs of partition and mesne profits, wherein the present appellants have been shown as defendants.

3. It is averred in the plaint that the suit properties are originally belonged to the father of the plaintiff by name Tharaniya Pillai @ Pugalum Perumal Pillai and he purchased the same under two registered sale deeds dated 06.10.1949 and 26.04.1956. The said Tharaniya Pillai @ Pugalum Perumal Pillai has passed away leaving behind him, his wife viz., Nachiammal, the plaintiff and husband of the first defendant by name Ponniah, Mookan and Pechiammal. The said Mookan and Pechiammal have passed away without leaving any legal heirs. During the life time of the father of the plaintiff, he has constructed a house in the suit properties and he paid Kisth, etc. to the Government. He has not executed any will during his life time. After his demise, the plaintiff and husband of the first defendant are having equal share in the suit properties. The husband of the first defendant viz., Ponniah has passed away leaving behind him, the present defendants as his legal heirs. Both the plaintiff and defendants are enjoying the suit properties jointly. The plaintiff has demanded the defendants to pay her share of income, but the defendants have failed to pay the same. Now the defendants are making arrangements to change the suit properties in their names with the assistance of Vikramasingapuram Village Administrative Officer. The plaintiff has issued a legal notice dated 20.05.2004 and the defendants have issued a reply notice containing false allegations. It is false to say that the plaintiff has been married prior to 27 years after giving sufficient 'Seervarisai'. Under the said circumstances, the present suit has been instituted for the reliefs indicated above.

4. It is averred in the written statement that the suit properties are the self acquired properties of the deceased Tharaniya Pillai @ Pugalum Perumal Pillai. It is false to say that he passed away intestate. It is also equally false to say that the plaintiff has received income from the suit properties. The said Tharaniya Pillai @ Pugalum Perumal Pillai has passed away on 01.04.1983 and with regard to suit properties, he has executed a will dated 18.12.1982, wherein it has been directed that his wife has to enjoy the suit properties till her life time and after her demise, all the suit properties should go to the husband of the first defendant and the husband of the first defendant has passed away on 02.07.1996. Since the husband of the first defendant has passed away, the defendants are his legal heirs and they are entitled to get the suit properties absolutely. The plaintiff is not entitled to get the reliefs sought for in the plaint. There is no merit in the suit and the same deserves dismissal.

5. On the basis of the claims and counter claims, the trial Court has framed necessary issues and after contemplating both the oral and documentary evidence, has decreed the suit as prayed for. Against the judgment and decree passed by the trial Court, the defendants as appellants have preferred Appeal Suit No.29 of 2007 on the file of the first appellate Court. The first appellate Court, after reappraising the evidence available on record, has dismissed the appeal, whereby and whereunder confirmed the judgment and decree passed by the trial Court.