JUDGMENT (COMMON)

R. Subramanian, J.—

S.A.No.401 of 2016:

This Appeal is by the plaintiff in OS No.1099 of 1990, which was originally filed in the District Munsif Court, Virudhachalam. The same was transferred to District Munsif Court, Kattumannarkoil, and was renumbered as OS No.164 of 2001. The said suit was filed by the plaintiff seeking declaration of title and for permanent injunction restraining the defendants from interfering with her possession.

2. The case of the plaintiff as set out in the plaint is as follows:

The suit properties numbering about 12 items originally belonged to the father of the plaintiff Chinnaswamy Padayachi. The said Chinnaswamy Padayachi had another daughter and one son Pattusami. It is stated that Pattusami predeceased Chinnaswamy Padayachi, leaving behind the defendants as his legal heirs, the first defendant is the wife and the second defendant is the daughter of the Late Pattusami. According to the plaintiff the said Chinnaswamy Padayachi was in possession and enjoyment of the suit property till his lifetime. On 08.05.1989, he executed a Registered Will bequeathing the suit properties to the plaintiff. The said Chinnaswamy Padayachi, died in March 1