GOVINDAN CHETTIAR Vs. AKILANDAM ALIAS SEETHALAKSHMI

JUDGEMENT

(1.) FIRST defendant in O.S. No. 1204 of 1984, on the file of Subordinate Judge's Court, Tiruchirappalli, is the appellant. He dies after the filing of the Appeal, and his legal representatives have been impleaded as appellants 2 and 3.

(2.) THE material facts may be summarised as follows:- Defendants 1 to 3 and plaintiff are the sons and daughters of late Karuppanna Chettiar, who died on 1.9.1984. THE property scheduled to the plaint, both "A" and "B" respectively, belonged to the deceased. Defendants 4 to 6 are various financial institutions in which these amounts were deposited. It is said that since Karuppanna Chettiar died intestate, plaintiff is entitled to 1/4th share, and defendants 1 to 3 are also equally entitled to one-fourth share each. Various demands were made to the defendants to co-operate with the plaintiff to effect a partition. Since the defendants refused to a ccede, suit was filed to pass a decree for partition by metes arid bounds and allot one-fourth share to the plaintiff and permit her to get possession of the same, after terminating joint possession.

(3.) SECOND defendant, who is the brother, also disputed the claim of first defendant that he is entitled to the moneys deposited in Banks. He also contended that at the time when the alleged Will is said to have been executed, the deceased was more than 90 years, arid was not in a position to look after himself. The deceased was with him for years together, and six moths prior to his death, appellant took him forcibly to his house. He was very weak in body and mind. In the year 1980, their mother fell ill, and thereafter the father also became very much upset and mentally weak. It is said that there was an iron safe with various articles and jewels. Exploiting the weakness of the father, respondent took possession of the same. The father did not have any sound disposing state of mind at the time when the Will was said to have been executed. He also said that the "B" Schedule properties are really moneys belonging to him.