G.K.ILANTHIRAIYAN
K. Rajasekara Kumar – Appellant
Versus
Yasodha Purushothamman (Died) – Respondent
JUDGMENT :
Prayer : This Second Appeal is filed under Section 100 of Civil Procedure Code against the judgment and decree of the learned Subordinate Judge, Poonamallee dated 08.12.2003 and made in A.S.No. 24 of 2002 reversing the Judgment and Decree of the learned District Munsif, Poonamallee dated 24.07.2002 and made in O.S.No. 65 of 1991 and to set aside the same.
This appeal is preferred as against Judgment and Decree dated 08.12.2003 passed in A.S.No. 24 of 2002 on the file of the learned Subordinate Judge, Poonamallee reversing the Judgment and Decree dated 24.07.2002 passed in O.S.No. 65 of 1991 on the file of the learned District Munsif, Poonamallee.
2. For the sake of convenience, the parties are referred to as per their ranking before the trial Court.
3. The case of the plaintiffs in brief is as follows :-
3.1. The suit properties originally belonged to the plaintiff's father. He executed a Will dated 07.02.1946. A-Schedule property was bequeathed in favour of deceased sole plaintiff. After his demise, the said Will was also probated. In the same will, the suit B-Schedule property was bequeathed to the first defendant who is none other than the sole plaintiff's own sister. The
Des Raj and others vs. Bhagat ram (dead) by lrs. and others reported in (2007) 9 SCC 641.
Justiniano Antao and others vs. Bernadette B.Pereira (smt) reported in (2005) 1 SCC 471.
S.B.Noronah vs. Prem Kumari Khanna reported in (1980) 1 SCC 52.
Vidhyadhar vs. Manikrao and another reported in (1999) 3 SCC 573.
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