JUDGMENT

(Prayer: Appeal Suit has been filed under Section 96 r/w. Order 41 Rule 1 of C.P.C., against the Judgment and Decree, dated 31.10.2014 passed in O.S.No.53 of 2010 on the file of the Principal District Court, Dharmapuri.)

1. Challenging the Judgment and Decree passed by the learned Principal District Judge, Dharmapuri in O.S.No.53 of 2010, the defendants 3 to 5 have come up with this Appeal Suit.

2. As per the plaint averments, the suit properties and other properties originally belonged to the plaintiff's grand mother Chinnathayammal by virtue of the sale deed, dated 05.06.1935 and 16.02.1936. In the partition effected between the sons of Chinnathayammal viz., D.C.Kandasamy, D.C.Ponnurangam, D.C.Arumugam (D1) and D.C.Lakshmanan, dated 19.02.1955, the 'C' Schedule property was allotted to the 1st defendant who is the father of the plaintiff, the defendants 2, 6 to 8. The wife of the 1st defendant died during the year 2003. The defendants 3 to 5 are the legal heirs of the deceased son D.A.Azhagappan.

3. According to the plaintiff, the 1st defendant executed a Will, dated 10.05.1983 in favour of his grandchildren born through his daughters Kalyani and Chitra pertaining to the lan