REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO(s). 7357 OF 2002

Balathandayutham and another

..Appellant(s)

Versus

Ezhilarasan

..Respondent(s)

J U D G M E N T

GANGULY, J.

1.Heard counsel for the parties.

2. The material facts of the case are: Late Mr.

M. Ramachandran, the father of the 1^st appellant

as also of the plaintiff-respondent, had three

sons, namely, Balathandayutham (1^st appellant),

Ezhilarasan (plaintiff-respondent) and one

Gnanavoli and two daughters – Kalai Arasi and

1

Isai Amudhu and his wife was Nachiar Ammal. It

is not in dispute that Ramachandran acquired

certain properties and in his lifetime he

executed a Will which was registered on

25.09.1972. By the said Will he bequeathed

certain properties, from the income of which

Seva Puja and maintenance of Sri Bala Murugan

Temple was to be conducted. In respect of his

other properties he bequeathed the same in

favour of plaintiff-respondent and his other

son Gnanavoli and two daughters and giving his

wife life interest.

3. Insofar as the 1^st appellant is concerned, no

property was bequeathed to him, inter a