ATHAYEE Vs. PALANIYAMMAL

JUDGEMENT

(1.) The plaintiffs in O.S No.81 of 2017 on the file of the II Additional District Court, Tiruchirappallai are the appellants herein. They filed the said suit for partition of half share in suit "A" and "B" schedule properties, for separate possession and mesne profit.

(2.) The case of the appellants as set out in the plaint was as follows:-

(3.) The third defendant filed a written statement and it was adopted by the defendants 1 and 2. The defendants admitted that partition took place among Natchimuthu (senior) and his sons on 29/12/1962. The character of the properties as coparcenary was denied. Natchimuthu (senior) sold some items of the properties allotted to him on 17/2/1988 in favour of one Arumugam. Natchimuthu (senior) passed away on 27/7/1991. His wife / Kaliyammal had predeceased him. The properties belonging to Natchimuthu (senior) devolved on his sons, namely, Natchimuthu (junior) and Muthusamy. Suit B schedule properties were purchased by Natchimuthu (junior) and Muthusamy vide sale deed dtd. 15/3/1984. It was not a joint family property. Natchimuthu (junior) had executed a registered Will dtd. 2/8/1994 bequeathing the suit schedule properties in favour of Muthusamy. The Will was duly executed, attested and registered in accordance with law. Following the demise of Natchimuthu (junior) on 2/11/1998, the Will had come into force. The suit B schedule properties were sold by Muthusamy and his sons / defendants 2 and 3 in favour of one Sasikala. The plaintiffs fully knew about the execution of the Will dtd. 2/8/1994. In the sale deed dtd. 17/9/2007, Manimaran, son of Natchimuthu (junior) had attested. In the said sale deed, the title has been traced and there is a clear reference to the registered Will dtd. 2/8/1994 executed by Natchimuthu (junior). The plaintiffs are therefore estopped from challenging the sale deed. The defendants denied all the other plaint allegations.