DANUSU Vs. CHANDRAKESU

JUDGEMENT

(1.) The above Appeal Suit is directed against the judgment and decree dated 27.11.1990 made in O.S.No.186/89 by the Court of Subordinate Judge, Cuddalore, thereby, the trial Court in a suit for partition filed by the respondents No.1 to 3 herein has concluded that the suit properties are joint family properties available for partition and granting such other reliefs thus partly allowing the suit passing a preliminary decree.

(2.) Tracing the history of the appeal coming to be preferred it comes to be known that it is the respondents 1 to 3 herein who filed the suit for partition and separate possession of plaintiffs' 30/63 shares in the properties and for plaintiffs' share of the future income from the properties to be determined and for costs. The appellants 1 to 3 herein and the respondents are brothers and sisters. The fourth appellant is the mother of the appellants 1 to 3 and respondents 1 to 5. The fifth appellant is the first appellant's son.

(3.) The plaint averments are that the suit properties are ancestral properties; that the appellants 1 to 3 and respondents 1 to 3, along with their father Krishnaswami Gounder constituted a Hindu undivided family enjoying the properties in common; that on 22.7.1988, the father died and the first appellant, as the eldest member of the coparcenary was in management; that some properties were purchased in his name as he was the eldest son; that in the middle of 1987, the father took ill and he could not speak or move about; that on 20.6.1988, under the pretext of taking him to a doctor, the appellants seem to have fabricated a Will; that the father was weak and was not able to comprehend anything; that the Will has totally disinherited the respondents; that the 4th respondent at that time was a widow in stringent circumstances and the 5th respondent was a totally blind woman living in a blind school; that the father was affectionate to all his children; that the recital in the Will that the daughters were well settled was false; that the father was not in a sound and disposing state of mind; that he could not also dispose of the entire property; that the Will is void and that on Krishnaswamy Gounder's death the sons are entitled to a 1/7th share each plus a 1/6th share each in the father's share, totaling to 30/63 each; that since the properties are ancestral properties the 4th respondent is entitled to an equal share along with her brothers. The fifth respondent herein remained ex parte.