SIVAPRAKASAM MUDALIAR Vs. SELVARAJ PADAYACHI

JUDGEMENT

(1.) THREE questions are raised by learned counsel for the appellant. The appellant is a purchaser of the suit property under Ex. B.1 dated 31.7.1969 from one Parthasarathi Naicker, who in turn purchased the property from one Natesa Padayachi under Ex. B.3 dated 26.9.1958. Under Ex. B.2, Natesa Padayachi had purchased the property from one Kokilambal Ammal. The plaintiffs in the suit, who are the respondents herein are the sons of Perumal Padayachi who was the son of Govindaswami. Govindaswami had a brother Manickam whose wife was Kokilambal Ammal referred to above. Manicka Padayachi and Govindaswami Padayachi had acquired properties by joint exertion and in a partition in 1940 amongst themselves they divided these properties and the suit property along with some other properties were allotted to the share of Manicka Padayachi.

(2.) MANICKA Padayachi died towards the end of 1940. Govindaswami Padayachi filed a suit as the next friend of the first and second plaintiffs herein on the file of the Sub-Court, Cuddalore, for a declaration that a will dated 4.7.1940 left by MANICKA Padayachi was true, valid and binding on the defendants. Kokilambal ammal was the first defendant and there were 3 other defendants with whom I am not concerned in these proceedings. While Govindaswami Padayachi put forward the will dated 4.7.1940 as the last testament and will of MANICKA Padayachi's last will was dated 27-6-1937 which was registered on 30.6.1937 and the will put forward by Govindaswami Padayachi was not genuine. In the course of the suit there was a compromise between the parties. The compromise decree is marked as Ex. A.1 in the present proceedings.

(3.) KOKILAMBAL Ammal alienated the property as referred to above under Ex. B.2 she died on 16.3.1964 and the present suit was filed on 11.4.1975 by the plaintiffs for declaration of their title to the suit property and for recovery of possession besides profits. The trial Court granted a decree in favour of the plaintiffs which was affirmed by the appellate Court.