PONGIAMMAL Vs. S M PALANIAPPAN

JUDGEMENT

(1.) THESE appeals arise out of the Judgment in O.S. No. 16 of 2002 decreeing plaintiffs suit passing Preliminary decree for partition granting 1/3rd share to plaintiffs 2 to 6 and 1st defendant/Appellant and 1/6th share to each of 7th plaintiff and 2nd defendant. Unsuccessful 1st defendant is Appellant in A.S. No. 25 of 2004. Being aggrieved by disbelieving of Exhibit A-1- Will and directing allotment of 1/6th share to him, 7th plaintiff has filed A.S. No. 906 of 2004. Cross Objection No. 46 of 2004 in A.S. No. 25 of 2004 filed by plaintiffs 2 to 6. For convenience, the parties are referred as per their array in the original rank.

(2.) SINCE both the Appeals and Cross Objection arise out of the same judgment, both the Appeals and Cross Objection were taken up together and disposed of by this Common Judgment.

(3.) CASE of 7th plaintiff is that while the 1st plaintiff was in a sound disposing state of mind executed Exhibit A-1-Will on 15.8.1993 bequeathing her 1/3rd share in favour of 7th plaintiff. Sister of 7th plaintiff has been impleaded as 2nd defendant, plaintiffs filed suit for partition claiming to be entitled to 1/3rd share and plaintiffs 2 to 6 together are entitled to 1/3rd share and 1st defendant is entitled to 1/3rd share.