N.MUTHU CHENNIA MANIAGAR Vs. N.DORAISAMY MANIAGAR

JUDGEMENT

(1.) Aggrieved by the dismissal of the suit for partition in O.S.No.20 of 2014 by the learned Additional District Judge, Krishnagiri, the plaintiff is on appeal.

(2.) The plaintiff sued for partition contending that the suit properties are ancestral properties belonging to his family and on the death of his father Natraja Maniagar on 19/11/1996 and mother on 24/3/2011, the plaintiff and the defendants being the sons of the said Nataraja Maniagar are each entitled to 1/3 rd share each.

(3.) While the 1st defendant sailed with the plaintiff, the 2nd defendant filed a written statement contending that the said Nataraja Maniagar and his wife had executed a registered Will on 27/9/1996 making certain arrangements for distribution of their properties amongst the legal representatives. While the suit 'A', 'B' and 'C' Schedule properties were allotted to the three sons. The 'D' Schedule property was allotted to one Negendran son of the 2nd defendant Kannappan. The 2nd defendant also claimed that the said Negendran being a legatee of certain properties under the Will is a necessary party to the suit. Despite such plea, the plaintiff did not take any steps to implead the said Negandran, who is a legatee.