G MURUGAN Vs. MANICKAM

JUDGEMENT

(1.) The petitioners are the plaintiffs in OS.No.144/1996, on the file of the District Munsif Court, Polur.

(2.) The plaintiffs have filed the suit for declaration of their title to the 'B'-Schedule property and to direct the defendant to deliver vacant possession of the same and for permanent injunction.

(3.) The plaintiffs claim 'A'-Schedule property under a registered Will dated 25.7.1997. At the time of the execution of the Will, the plaintiffs 3 and 4 alone were born and the plaintiffs 1 and 2 were born subsequently. The father of the plaintiffs was the defacto guardian for the minors. As per the terms of the Will, the plaintiffs are entitled to equal share in the 'A'-Schedule property. The father and defacto guardian of the minors, without any necessity, nor for the benefit of the minors, had alienated the 'B'-Schedule property to the defendant and the said sale is not valid and binding upon the plaintiffs.