KULANCHI AMMAL Vs. JAISHANKAR

JUDGEMENT

(1.) THE unsuccessful defendants before the First Appellate Court are the appellants herein in the Second Appeal.

(2.) ONE Periyanayagi Ammal, was the plaintiff in O.S.No.23 of 1990 on the file of the Subordinate Court, Ariyalur. She filed the suit for partition of her half share in the suit property and for other reliefs. It was her case that the suit property originally belonged to her husband -Danaraj Padayachi, and he died leaving behind herself and three sons by name Murugesan, Kanappan and Chakkravathi, as his legal heirs. Originally, the suit property was allotted to the son Chakravathi, who was the husband of the first appellant. The said Chakravathi, died in the year 1988, leaving behind first appellant and the plaintiff, as his legal heirs and in the suit property, the first appellant and the deceased/plaintiff had claimed share and therefore, the deceased/plaintiff was entitled to the undivided half share in the suit property. The first appellant sold the property to the second appellant, who is none other than her husband's brother and under the said sale deed, the first appellant sold the entire property, as if she is the absolute owner of the entire properties and therefore, the deceased/plaintiff filed the suit for partition.

(3.) THE Trial Court held that the Will viz., Ex.A5., was not a valid Will, as there were suspicious circumstances in the execution of the Will and the attesting witnesses, were interested witness and the mother of maternal grandfather of the respondent herein had taken active part in the execution of the Will. Therefore, the Will was not a valid Will and therefore, the respondent cannot claim any right under the Will and dismissed the suit.