TMT.RENUKA SUBBU SINGH Vs. KANNAIYAN

JUDGEMENT

(1.) The plaintiff is the appellant in this Second Appeal.

(2.) .The case of the plaintiff is that her mother Sundari Bai purchased the subject property with a larger extent of 4104 Sq., feet through registered sale deed dtd. 19/5/1978, marked as Ex.A1. Through a registered settlement deed dtd. 16/6/1980, marked as Ex.A2, the plaintiff's mother settled an extent of 2052 Sq., feet out of the total extent of 4104 Sq., feet. After this settlement, the plaintiff's mother constructed a house in the remaining extent of 2052 Sq., feet and she was in possession and enjoyment of the same.

(3.) .The further case of the plaintiff is that her mother,out of her own free will and volition and while possessed of a sound disposing state of mind, executed a registered Will dtd. 20/5/2003, marked as Ex.A11 and bequeathed the remaining portion along with the house constructed therein, in favour of the plaintiff. It is further stated that by virtue of this Will, the plaintiff's mother revoked the earlier Will dtd. 28/2/1991. Thereafter,the plaintiff's mother died on 21/3/2004 and on her demise, the plaintiff became entitled to the property and this property has been described as the suit property.