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IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.R.Swaminathan, R.Poornima, JJ
Athayee – Appellant
Versus
Palaniyammal – Respondent
| Table of Content |
|---|
| 1. establishment of party lineage and property background. (Para 1 , 2) |
| 2. disputed will and its validity challenged. (Para 3 , 6) |
| 3. analysis of witness credibility and property partition. (Para 4 , 8 , 10) |
| 4. attestation implications and evidentiary standards. (Para 12 , 14) |
| 5. assessment of will's validity amidst suspicious circumstances. (Para 19 , 20) |
| 6. final ruling on appeal and costs associated. (Para 21 , 22) |
JUDGMENT
(By G.R.Swaminathan, J.)
The plaintiffs in O.S No.81 of 2017 on the file of the II Additional District Court, Tiruchirappallai are the appellants herein. They filed the said suit for partition of half share in suit “A” and “B” schedule properties, for separate possession and mesne profit.
2.The case of the appellants as set out in the plaint was as follows:-
(i)One Kondichettipatti Kali Gounder died leaving behind his son Natchimuthu. Natchimuthu married Kaliyammal and through the said wedlock, begot two sons namely, Natchimuthu (junior) and Muthusamy. The plaintiffs are the wife and son of Natchimuthu (junior). The defendants 1 to 3 are the wife and sons of Muthusamy. Both Natchimuthu (jr) and Muthusamy had passed away prior to the institution of the s
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