V.RAJENDRAN Vs. ARAVINDAN

JUDGEMENT

(1.) Challenging the decree and judgment of trial Court granting preliminary decree in respect of half hare of Item Nos.1, 5, 7 of the suit schedule properties and half share in Item Nos.4, 6 of the suit schedule property and dismissing the suit in respect of other items, the present appeal has been filed.

(2.) The parties are arrayed as per their own ranking before the trial Court.

(3.) It is the case of the plaintiffs that the property originally owned by their grand father Ramalinga Chettiar. The said Ramalinga Chettiar and his wife Soundara Nayagi had four daughters, viz., Saradavalli, Parvathi, Tiripurasundari and Chandra and among the daughters, Saradavalli and Chandra had died. The plaintiffs are sons and daughter of Tripurasundari and the defendants are sons and daughter of Parvathi. The grandfather of the parties executed a Will when he was in a sound disposing state of mind and under the Will 'A' schedule property bequeathed to Saradavalli, 'B' schedule has been bequeathed to Parvathi Ammal, 'C' schedule property has been bequeathed to Thiripurasundari and 'D' schedule property has been bequeathed to Chandra. The said Ramalinga Chettiar bequeathed 'E' schedule property to one Rajendran and 'F' schedule property to one Aravindan. As far as 'E' schedule and 'F' schedule properties are concerned, Rajendran and Aravindan would take the property absolutely. As far as the properties bequeathed to the daughters, life interest was given to them and infact, it is stated in the Will that if any of the daughter has no issue, the children of other daughters will take the property absolutely. Saradavalli and Chandra died issue less and therefore the properties bequeathed to them under the Will devolved upon the plaintiffs and the defendants, who are sons and daughters of Thiripurasundari and Parvathi. Hence, the plaintiffs sought half share in the property.