M KRISHNAN Vs. RAMASWAMI

JUDGEMENT

(1.) THE unsuccessful plaintiff in the courts below is the appellant. THE suit was for obtaining the reliefs of declaration of title and injunction.

(2.) THE brief facts which require to be noticed are as under: THE appellant and respondents 1 to 5 are brothers and the sixth respondent is their sister. All of them are the issues of the deceased Mari Mudaliar and the seventh respondent herein. Mari Mudaliar purchased the suit property of an extent of 4.79 acres under Exhibit A.2 dated 18.4.51. He executed an unregistered will Exhibit AJ4 on 15.3.1965 bequeathing the suit property in favour of the appellant herein. Mari Mudaliar died in 1970, and after his death, the appellant claimed exclusive title to the suit property on the strength of the will.

(3.) THE principal defence of respondents 1 to 3 was that the suit property had been purchased from out of the income derived from the joint family properties and as such, the suit property constituted an item of joint family property and consequently the father Mari Mudaliar had no right to make the property the subject-matter of a bequest under the will. THEy also raised the defence that the will itself was not genuine.