KESAVAN ANANDAKUMAR Vs. NANGALI AMMA

JUDGEMENT

(1.) Plaintiff is the appellant. He filed the suit for partition on the strength of Ext. A-1 Will executed by his mother (first defendant) and father. The property belonged to plaintiffs parents who obtained it as per Ext. B-1 partition deed. Plaintiff's case is that he is entitled to half right in plaint schedule property as the beneficiary of Ext. A-1 Will after the death of his father. Munsiff dismissed the suit holding that plaintiff can get right in the property only after the death of his mother and the suit is premature. The District Judge held that plaintiff is not entitled to any right in the property in view of the fact that his mother had revoked Ext. A-1 Will and executed Ext. B-2 settlement deed.

(2.) Plaintiff and defendants 2 and 3 are the children of the first defendant and Kesavan. First defendant and Kesavan obtained right in the property as per Ext. B-1 partition deed in 1966. On 29-9-1978 first defendant and Kesavan executed Ext. A-1 Will bequeathing the property in favour of the plaintiff Kesavan died on 9-11-1980, On 9-3-1981 first defendant executed Ext B-2 settlement deed assigning the plaint schedule property to defendants 2 and 3.

(3.) Plaintiff filed the suit for declaration of his title, partition and for recovery of possession of one half right in the plaint schedule property. His contention is that his father and mother executed a joint will (Ext. B-1) and after the death of his father property rights devolved on him as per the terms of the Will and that his mother was not competent to execute Ext. B-2 settlement deed depriving him of his right in the property. Defendants contended that after the death of Kesavan the property became vested with the first defendant absolutely and she was perfectly competent to execute Ext. B-2 settlement deed and plaintiff has no manner of right to challenge the same.