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2022 Supreme(Mad) 1453

N. ANAND VENKATESH
Valliammal @ Mani – Appellant
Versus
Sadayappan – Respondent


Advocates appeared:
For the Appellant:M. Guruprasad, Advocate. For the Respondents:R1 to R3, N. Manokaran, Advocate.

JUDGMENT

(Prayer: Second Appeal filed Under Section 100 of the Code of Civil Procedure against the Judgment and Decree passed in A.S.No.59 of 2014 dated 07.09.2015, on the file of I Additional District Court, Erode reversing the Judgment and Decree passed in O.S.No.173 of 2010 dated 20.01.2014, on the file of II Additional Sub Court, Erode.)

1. The plaintiff is the appellant in this Second Appeal.

2. The case of the plaintiff is that the suit property originally belonged to her father Pongianna Gounder and the 1st defendant who is the brother of the plaintiff. The property in question was an ancestral property. The father of the plaintiff died on 31.3.2004 and the mother of the plaintiff died on 1.8.2007. They died leaving behind the plaintiff and the 1st defendant who are sister and brother. The 2nd and 3rd defendants are the sons of the 1st defendant.

3. The further case of the plaintiff is that her father executed a registered Will on 2.9.1991, marked as Ex.A4. As per this Will, the father bequeathed his half share in the suit property in favour of the plaintiff and life interest was given in favour of his wife. After the demise of her father and mother, the plaintiff was claiming f

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