Supreme Court of India
Pazhanathal (d) Thr. Lrs. v. Alamathal (d) Thr.lrs.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
What the Court ordered
The appeals are accordingly allowed. The common judgment and decree dated 28.10.2008 passed by the High Court of Judicature at Madras in A.S. No. 231 of 1991 and Tr.A.S. No. 503 of 2002 are set aside. The common judgment and decree dated 22.01.1991 passed by the Additional Subordinate Judge - III, Coimbatore in O.S. No. 665 of 1985 and O.S. No. 1344 of 1990 are restored. The parties may work out final division, possession, and other consequential equities in final-decree proceedings and in accordance with law. O.S. No. 1344 of 1990 shall stand dismissed. There shall be no order as to costs.
Judgment, 140-141
In brief
Vaiyapuri Gounder, owner of the suit agricultural (A-schedule) and house (B-schedule) properties, had three wives; on his death in about 1925 only the third wife, Arukkaniammal, survived and she took the properties absolutely, though she was issueless. She died on 18.09.1985. The descendants of the second wife's daughter Alamathal propounded a registered Will dated 15.12.1976 (Ex.B-13) by which Arukkaniammal purportedly bequeathed the A-schedule land to Alamathal's four sons, describing the land as her self-acquired property and Alamathal as her daughter, though Alamathal was in fact her step-daughter.…
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