K.VENKATACHALAPATHY Vs. K.SUBRAMANIAN (DIED)

JUDGEMENT

(1.) The appellant is the appellant /defendant, the first respondent is the respondent / plaintiff before the Court below. the respondents 2 to 5 herein are the Legal Heirs of the deceased first respondent/plaintiff.

(2.) For the sake of convenience, the parties are referred to as per their rank before the trial Court.

(3.) The plaint in brief is as follows: The suit property originally belongs to one Pala.Karuppiah Servai. The said Pala.Karuppiah Servai had 6 sons and 2 daughters. The plaintiff is the elder son, the defendant is the youngest son. The plaintiff submits that the said Pala.Karuppiah Servai has executed a registered Will under document No.18/2005, dtd. 13/4/2005 in respect of the suit property. As per the Will, the plaintiff is entitled to get eastern 1/2 share of the suit properties. The plaintiff also submits that his father Pala.Karuppiah Servai, though executed a previous Will, dtd. 30/6/1999, the same was cancelled in the Will, dtd. 13/4/2005. After the demise of Pala.Karuppiah Servai, on 25/5/2009, the Will came into effect. The house tax receipts were also changed in the name of the plaintiff and the defendant. Since the defendant has been residing in the village and taking advantage of the cancelled Will, dtd. 30/6/1999, he claims full ownership over the suit property. The plaintiff further submits that there were exchanges of notices in respect of division of property. However, the defendant did not come forward to divide the property. Hence, the plaintiff come forward with the suit for partition and for other reliefs.