PERIANAYAGAM Vs. MARIA AROKIAM

JUDGEMENT

(1.) DEFENDANT in O.S. No.1742 of 1981, on the file of the District Munsif's Court, Dindigul, is the appellant herein. Respondent herein, who is his brother, filed the said suit for partition of B Schedule property on the basis of a will alleged to have been executed by their father Arulappan Servai on 31.10.1963. It is in evidence that Arulappan Servai had children other than the parties to the suit. He died in 1964. On the basis of the will, the plaintiff claimed half right in the property and wanted partition of the same.

(2.) THE appellant disputed the genuineness of the will and also contended that the suit is bad for non-joinder of necessary parties.

(3.) AGAINST the dismissal, the plaintiff preferred A.S. No.51 of 1984, on the file of the District Judge, Madurai North at Dindigul. The lower appellate court reversed the said decision and passed a preliminary decree. The lower appellate court held that in so far as the B Schedule property is concerned, the plaintiff and defendant alone are the legatees under the will, and to effect partition of the same, no other party need be impleaded in the suit. A preliminary decree was passed as prayed for.