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IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.Dhanabal, J
Kosalai @ Renuka – Appellant
Versus
D.Srinivasan – Respondent
| Table of Content |
|---|
| 1. procedural history and parties' status in second appeal (Para 1 , 2) |
| 2. pleadings and claims regarding joint family and will (Para 3 , 4 , 5 , 6 , 7) |
| 3. lower courts' dismissal and substantial questions of law raised (Para 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15) |
| 4. burden to prove unregistered will under succession and evidence acts (Para 16 , 18 , 19 , 20 , 21) |
| 5. precedents on admissibility of will proved in prior land-ceiling proceedings (Para 22 , 23 , 24 , 25 , 26 , 27 , 28) |
| 6. substantial questions answered: invalid copy of will and non-joinder (Para 29 , 30 , 31) |
| 7. dismissal of appeal and permission for fresh suit (Para 32 , 33) |
JUDGMENT
1.This Second Appeal has been preferred as against the judgment and decree made in A.S.No.36 of 2014 on the file of the learned Subordinate Judge, Dharapuram, dated 23.02.2017, confirming the judgment and decree made in O.S.No.127 of 2008, dated 03.10.2012, on the file of the learned Subordinate Judge, Kengeyam.
2.The appellant is the 7th defendant in O.S.No.127 of 2008 filed by the plaintiff, who is the 1st respondent in this appeal for the relief of partition. The trial Court dismissed the suit and the plaintiff filed an appeal in
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