IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.R.Swaminathan, R.Poornima, JJ
Arumugam – Appellant
Versus
Thiruvariyan (Died) – Respondent
| Table of Content |
|---|
| 1. facts of partition suit over willed bus property. (Para 2 , 3 , 4 , 5) |
| 2. admitted will execution axiomatic, no section 68 proof. (Para 6 , 8) |
| 3. defendant failed payment proof; appeal dismissed. (Para 10 , 11) |
The defendant in O.S No.81 of 2014 on the file of the learned Principal District Judge, Tirunelveli is the appellant herein. Though the legal heirs of the plaintiff have been served and their names are also printed in the cause list, they have not chosen to enter appearance either in person or through counsel. The suit was one for partition.
2.The case of the plaintiff was as follows:
The plaintiff and the defendant are siblings. The suit property is a movable property (a bus along with a permit). It admittedly belonged to Lakshmi Ammal, the mother of the parties. On 24.10.1997, Lakshmi Ammal executed a registered Will bequeathing the suit property in favour of the plaintiff and the defendant. Lakshmi Ammal passed away on 12.11.2004 and thereafter, the Will came into force. The plaintiff and the defendant are in joint possession and enjoyment of the property. The plaintiff sought his half share in the suit property. Since the defendant did not come forward for
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