AYYASAMY PILLAI Vs. RAJANGAM

JUDGEMENT

(1.) The unsuccessful plaintiff before the courts below is the appellant.

(2.) The plaintiff/appellant and the defendants/ respondents, are the sons of one Samiayya Pillai, who died on 7.4.1985. His wife is one Kamakshi Ammal. Samiayya Pillai and his sons including the plaintiff and the defendants, partitioned their family properties, under a registered partition deed dated 22.6.1961. Natarajan, the second defendant and one Ramakrishnan, another son of Samiayya Pillai were minors at the time of the partition. Therefore, the properties allotted to them, were enjoyed and managed by their father, Samiayya Pillai. The second defendant after attaining majority, took possession of the properties allotted to him, under the registered partition deed.

(3.) Minor Ramakrishnan died at the age of 15 or so, elsewhere in the year 1967 or 1968. After the death of Ramakrishnan, Samiayya Pillai continued to enjoy the properties allotted to Ramakrishnan, also paying the revenue charges to the Government. Till the date of his death, Samiayya Pillai and his wife Kamakshi were under the care and protection of the eldest son viz., the plaintiff and therefore, they had special affection towards the plaintiff. Samiayya Pillai had executed a registered will dated 8.6.1981 in favour of the plaintiff, bequeathing the properties allotted to him, in the partition, as well as the property purchased by him, under a registered sale deed dated 4.6.1981, including the properties allotted to Ramakrishnan, who died unmarried. The Will came into force on the date of death of the executant on 7.4.1985. Thus, the plaintiff became the absolute owner of the suit properties.