BALAMURUGAN Vs. CHANDRA

JUDGEMENT

(1.) This Second Appeal has been filed challenging the findings of the Courts below. The legal representatives of the deceased first defendant in the suit O.S.No.252 of 2009 on the file of the Additional District Munsif Court, Tenkasi are the appellants herein. The respondents 1 and 2 are the plaintiffs in the suit. The third respondent is the second defendant in the said suit. The suit was filed seeking for the relief of declaration of the plaintiffs' title over the suit schedule property and for permanent injunction to restrain the first defendant from interfering with the plaintiffs' peaceful possession and enjoyment of the suit schedule property. In the forthcoming paragraphs, the parties are described as per their litigative status in the suit.

(2.) As seen from the plaint, the suit schedule property originally belonged to Muthupillai and he had bequeathed the same by way of a registered Will dtd. 30/7/1969 during his life time in favour of Ramakrishnapillai, who is the husband of the first plaintiff and the father of the second plaintiff and the second defendant. According to the plaintiffs, Muthupillai died in the year 1973 and the Will dtd. 30/7/1969 came into force and the plaintiffs are in possession and enjoyment of the suit schedule property as absolute owners for more than 35 years by paying the taxes.

(3.) It is further contended by the plaintiffs that the beneficiary under the above said Will, namely, Ramakrishnapillai had executed a family arrangement deed dtd. 29/5/2009 in favour of the first plaintiff, second plaintiff and the second defendant. Based on the family arrangement deed dtd. 29/5/2009, the plaintiffs traced their title over the suit schedule property and claimed ownership. According to them, the first defendant, who is the brother of Ramakrishnapillai, has no right over the suit schedule property in view of the registered Will dtd. 30/7/1969 referred to supra.