RANI Vs. RAJAMANI AND ORS.

JUDGEMENT

(1.) The 4th defendant Rani in the original suit is the appellant in the present appeal. The plaintiffs in the original suit are the respondents 1 to 3. One Gnanambal, who figured as the first defendant is no more. Defendants 2, 3 and 5 to 9 are the respondents 4 to 10 in the appeal.

(2.) For the sake of convenience and for easy reference, the parties are referred to in accordance with their ranking in the original suit and in appropriate places wherever it is necessary their rankings in the first appeal shall also be furnished.

(3.) The respondents 1 to 3 herein filed O.S.No.13/2004 on the file of the trial court for partition and separate possession claiming 1/7th share in the suit properties to each one of the respondents 1 to 3/plaintiffs 1 to 3. The suit was filed based on the plaint averment that the suit properties belonged to Palanivelu, son of Kuppusamy and he died on 01.09.1997 leaving a registered Will dated 24.08.1997 as his last Will and testament; that by the execution of the said Will, Palanivelu revoked an earlier Will dated 06.03.1992, which according to the respondents 1 to 3/plaintiffs 1 to 3 was obtained by the appellant herein/4th defendant by exercising undue influence and prevailing upon Palanivelu was revoked by a will dated 07.02.1993; that the said will dated 07.02.1993 was again superseded by a subsequent will dated 02.01.1995; that the said will was also revoked by the last Will and testament of Palanivelu dated 24.08.1997; that as per the said last will dated 24.08.1997, his entire properties were bequeathed on all his seven daughters (plaintiffs 1 to 3 and defendants 1 to 4) in equal shares; that their request for partition in accordance with the terms of the Will was not conceded by the defendants, especially the 4th defendant/appellant herein and that hence they were constrained to file the suit for partition.