VASUKI SELVAM Vs. VETRIVEL

JUDGEMENT

(1.) The Appellants 1 to 3 are the Defendants 1, 2 and 15. The First Respondent herein was the Plaintiff and the 2nd Respondent was the 3rd Defendant. The Respondents 3 to 14 are the Defendants 4 to 14 before the Trial Court. The Plaintiff and the Defendants 1 to 3 are Brothers and Sisters and they are the children of Late Manimuthusamy, who is the Testator in the Suit.

(2.) For the sake of convenience, parties will be referred according to their litigative status before the Trial Court.

(3.) The Plaintiff has filed a Suit for the relief of declaration to declare the Trust Deed, dtd. 14/1/1992 is defunct, inoperative and also for the relief of declaration to declare the "D" Schedule property of the Will, dtd. 21/2/2008 belongs to him. According to the Plaintiff, his father Mr. Manimuthusamy was a stubborn and strict person. During 1982, the Plaintiff has paid a sum of Rs.15,000.00 (Rupees fifteen thousand only) for the 3rd Defendant's marriage and later on Rs.35,000.00 (Rupees Thirty Five Thousand only) for the 2nd Defendant to start a Printing Press at Tiruppur. Due to the same, his father Mr. Manimuthusamy became close to him. However, he was tutored by his daughters, who were close by his side. In fact, Mr. Manimuthusamy acted as per the ill-advice of the Defendants 1 to 3. While so, he executed a registered Will and Trust Deed both dtd. 14/1/1992. However, even after 17 years, the Trust was not acted upon. The Plaintiff further submits that, his father Mr. Manimuthusamy had modified the Will on 29/6/2001 & 20/6/2005. According to this Plaintiff, he met with an accident on 10/5/2002 and that he had contributed a major portion of the amount for constructing the Suit property and has also celebrated his father's Sadhabishegam. Hence, there was a change in his father's emotions and his father has developed affection and good relationship with the Plaintiff. As a result of which, his father cancelled all his previous Wills and executed his last Will, dtd. 29/2/2008. This Plaintiff submits that in the meanwhile, his father died on 9/1/2010 and after his death, when the Plaintiff approached the Defendants 1 to 3 for allotment of property as per the Will, dtd. 29/2/2008, the Defendants ignored the Plaintiff with untenable reasons. However, during May 2012, the Defendants clandestinely made two Cheque payments in the Plaintiff's account. The Plaintiff latter came to know that the 3rd Defendant had deposited the said amount on behalf of the defunct Trust. Therefore, this Plaintiff prayed to Decree the Suit as prayed for. The Written Statement of the 1st Defendant in brief: