M. RAMASAMY Vs. V. MUTHULAKSHMI

JUDGEMENT

(1.) This Appeal Suit has been preferred as against the judgment and preliminary decree dtd. 29/6/2007 passed in O.S.No.69 of 2004 on the file of the learned Additional District Judge, Puducherry at Karaikal, whereby the suit instituted by the plaintiffs for partition, separate possession, permanent injunction anddecreed. Aggrieved over the said findings, the defendants before the trial Court have preferred the present appeal.

(2.) The case of plaintiff is that the suit properties originally belonged to one Murugaiya Pillai, who was the father of deceased Vaithiyanatha Pillai and the first defendant. During his lifetime, Murugaiya Pillai had executed a registered partition deed dtd. 23/3/1970, whereby certain properties were allotted to his sons and certain properties were retained by him. Thereafter, he executed a registered Will dtd. 1/6/1977, while he was in a sound and disposing state of mind, under which he divided his remaining properties among his two sons and five daughters, while granting life interest in favour of his wifePonnurangathammal.

(3.) According to the plaintiffs, upon the death of Murugaiya Pillai on 27/10/1981 and thereafter the death of his wife on 13/11/1981, the said Will came into force and was acted upon by all the beneficiaries. The deceased Vaithiyanatha Pillai had taken possession of certain properties allotted to him, however, the suit 'A' and 'B' schedule properties remained undivided. Despite repeated requests made by Vaithiyanatha Pillai to the first defendant for partition and allotment of his lawful share, the first defendant postponed the same on various pretexts. After the death of Vaithiyanatha Pillai on 15/3/2001, the plaintiffs, being his legal heirs, succeeded to his estate and became entitled to his share in the suit properties.