LEELA Vs. MURUGANANTHAM

JUDGEMENT

(1.) The unsuccessful defendant Nos.1 to 3 in OS No.142/1992 which is a suit for partition and allotment of 5/7th share filed by respondent Nos.1 to 5 herein, filed this appeal against the judgment dtd. 15/11/2019 passed by the High Court of Madras, Madurai Bench in AS No.368/2002 whereby and whereunder the appeal was dismissed and the judgment and decree in O.S. No. 142 of 1992 dtd. 27/9/2001 on the file of the Additional Sub-Court, Tenkasi was confirmed. Essentially, the Trial Court and the High Court have concurrently declined to accept the case of the appellants based on the Will dtd. 6/4/1990. Hereafter in this appeal, for the sake of convenience, the parties are referred to, in accordance with their rank and status in the Original Suit, unless otherwise specifically mentioned.

(2.) The plaint averments, in brief is as follows: -

(3.) Earlier, Balasubramaniya Thanthiriyar instituted O.S. No.504/ 1986 against his first wife and children through her viz., plaintiff Nos. 4, 1 to 3 and 5 respectively. Later, it was compromised at the instance of the elderly villagers and partition of properties effected between them as per partition deed dtd. 4/12/1989. As per the partition deed, his properties were divided into four schedules. Properties described and contained in the first-schedule were allotted to himself by Balasubramaniya Thanthiriyar. The second-schedule properties consisting of 22 items were allotted to the share of plaintiffs/respondent Nos.1 to 3 herein viz., his sons through his first wife and the third-schedule properties were allotted to his first wife viz. plaintiff/respondent No.4. The fourth-schedule properties were allotted in the name of his minor daughter viz., plaintiff/respondent No.5. Balasubramaniya died on 28/11/1991.