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2015 Supreme(Mad) 3668

S.NAGAMUTHU
K. Durai – Appellant
Versus
Padma – Respondent


Advocates Appeared:
For the Appellant :A. Muthukumar, Advocate

JUDGMENT :

S. Nagamuthu, J.

1. The Plaintiff in O.S. No. 269 of 2006 on the file of the learned Principal District Munsif, Mayiladuthurai is the Appellant herein. The Defendants in the Suit are the Respondents herein. (The Second Defendant Mr. Balasubramanian died during the pendency of the First Appeal but, his Legal Representatives were not brought on record). The Trial Court by Decree and Judgment dated 21.6.2010 dismissed the Suit. As against the same, the Appellant filed an Appeal in A.S. No. 120 of 2010 on the file of the learned Additional Subordinate Judge, Mayiladuthurai. By Decree and Judgment dated 20.11.2014, the First Appellate Court dismissed the Appeal thereby confirming the Decree and Judgment of the Trial Court. Challenging the same, the Appellant is before this Court with this Second Appeal. The case of the Plaintiff is as follows:

"The Suit property and few more properties were originally owned by one Mr. Venkatarama Iyer. Mr. Venkatarama Iyer executed a registered Will under Ex. A1 dated 21.9.1938. Subsequently, Mr. Venkatarama Iyer died and therefore, the Will (Ex. A1) came into force. As per the Will (Ex. A1), the Suit property was bequeathed in favour of his son















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