MINOR MANI Vs. AMMAKANNU

JUDGEMENT

(1.) AGGRIEVED by the judgment and decree dated 10.01.2006 passed by the Sub-Court, Kallakurichi in A.S.No.31 of 2004 in reversing the judgment and decree dated 24.11.2003 passed by the Principal District Munsif Court in O.S.No.535 of 2001 before, Kallakurichi, the plaintiff has preferred this appeal.

(2.) THE plaintiff's case, in short, is that he inherited the suit property from his grand father, by name, Manickam who died on 21.02.2004, through a registered Will dated 01.06.1999; the Will came into force after his death; on his behalf, his mother Ramayee is in possession and enjoyment of the property till date without any hindrance; in the Will itself, Ramayee was given power to maintain the property in question; the suit property and other properties are self-acquired properties of Manickam; the first defendant is the wife of the deceased Selvaraj, who is none other than Manickam's son; since the first defendant did not give due respect to her husband and her father-in-law, Manickam himself arranged marriage for his son Selvaraj with Ramayee Ammal and the plaintiff is born out of the said wedlock; Manickam has executed a Will in favour of the second defendant, Ponnusamy, who is his other son and the plaintiff's mother by dividing the suit property into two parts; and the defendants are attempting to interfere with the peaceful possession and enjoyment of the suit property and hence, the suit for permanent injunction.

(3.) AGGRIEVED by the said judgment of the Trial Court, the defendants went on appeal before the Subordinate Judge, Kallakurichi and the Subordinate Judge, holding that