Mylsami v. Jagannathan
Case brief
What is this about?
This second appeal challenged the dismissal of a title suit based on a Will that was previously held unproved. The High Court affirmed the lower courts' rejection of the Will and dismissed the appeal due to lack of substantial question of law.
What did the court decide?
Second appeal dismissed for want of substantial question of law; connected C.M.P. closed.
What the court decided
S.A.No.260 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.02.2024
CORAM
THE HONOURABLE Ms. JUSTICE P.T. ASHA
S.A.No.260 of 2021
and
C.M.P.No.5197 of 2021
Mylsami ... Appellant
- Jagannathan 2. Kannammal @ Pavathal 3. Thulasirajan 4. Sulochana 5. Subramanian ... Respondents
PRAYER : Second Appeal filed under Section 100 of C.P.C. to set aside the judgment and decree dated 02.11.2020 in A.S.No.46 of 2019 passed by the learned I Additional Subordinate Judge, Erode, confirming the judgment and decree dated 28.11.2018 in O.S.No.468 of 2005 passed by the learned II Additional District Munsif, Erode.
Issues for consideration
3 issues framed by the court
Whether the plaintiff successfully proved the alleged Will in the second appeal?
Whether the suit should be dismissed for lack of substantial question of law?
Whether the plaintiff is entitled to declaration of title and permanent injunction despite non-provability of Will?
Parties & counsel
- appellant
Mylsami
- respondent
Jagannathan
- respondent
Kannammal @ Pavathal
- respondent
Thulasirajan
- respondent
Sulochana
- respondent
Case details
As recorded by the court registry
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