A.RENGANATHAN Vs. A.KESAVAN

JUDGEMENT

(1.) The defendants in O.S.No.1431 of 2004 which is a suit for declaration of title or in the alternative for partition and separate possession of suit A and B schedule properties, having suffered a decree concurrently before the Courts below, have come up with this second appeal.

(2.) The suit in O.S.No.1431 of 2004 was laid by the plaintiffs claiming that the properties originally belonged to their maternal uncle Mannangatti Chettiyar who died issue less and his wife predeceased him. It is also contended that Mannangatti Chettiyar by Will dated 25.06.1992 had bequeathed certain properties to the plaintiffs 2 and 3 and the defendants 2 and 3 as well as his brother in law one Palani Chetty. The properties that were bequeathed to the plaintiffs 2 and 3 was shown as A schedule in the Will, while the properties bequeathed to the defendants and Palani Chetty were shown as B and C Schedule respectively. The plaintiffs became the owners of the Suit A Schedule properties and since Mannangatti Chettiyar died intestate with reference to the B Schedule property, the B Schedule property devolved on the 1st plaintiff and the 1st defendant, they being the children of sister and Class II heirs of Mannangatti Chettiyar. Hence they would be entitled to 1/2 share each in the suit properties. The plaintiffs also claimed that the defendants are claiming under an alleged Will said to have been executed by Mannangatti Chettiyar on 31.05.2002 and the same is invalid.

(3.) The defendants resisted the suit contending that Mannangatti Chettiyar had sold certain properties under the Sale Deed dated 09.11.2000 and he has also executed a Will dated 31.05.2002 bequeathing the properties to the 1st defendant and therefore the plaintiffs are not entitled to any share. It is also claimed that the Will dated 25.06.1992 stands cancelled, in view of the execution of the Will dated 31.05.2002. An additional written statement was also filed raising a plea that Palani, brother in law of Mannangatti Chettiyar is a necessary party to the suit.