V.MADHAVAN Vs. V.VARADHA KRISHNA IYENGAR

JUDGEMENT

(1.) The plaintiff in O.S.No.135 of 1992 on the file of the Sub Court, Tirunelveli is the appellant. The said suit was laid by him for partition seeking 1/2 share in the suit properties. According to the plaintiff, the suit properties originally belonged to one Krishna Iyengar, who died leaving behind his only son Varada Iyengar. The said Varada Iyengar also died in April 1921 leaving behind his wife Chinnammal. The said Chinnammal exercising the power given to her by her husband, adopted a son by a deed of adoption dated 25.05.1924 (Ex.P5). The plaintiff is the son of Varada Iyengar @ Krishna Iyengar, viz., the adopted son of Chinnammal. He would claim a 1/2 share contending that Varada Iyengar @ Krishna Iyengar, had left behind four sons and a daughter, apart from his wife Alamelu Ammal. Of the four sons, one son viz., Srinivasa Vignesh pre-deceased his father unmarried. Another son's wife and daughters had executed a release deed, dated 26.11.1990 (Ex.P6). Therefore, according to the plaintiff, the entire property of Varadha Iyengar @ Krishna Iyengar (The adopted father) had devolved on himself and the defendant equally.

(2.) The suit was resisted by the defendant contending that the suit properties were the absolute properties of Varadha Iyengar @ Krishna Iyengar, since the deed of adoption itself confers such a right over him. It is the further contention of the first defendant that the said Varadha Iyengar @ Krishna Iyengar had executed a registered Will on 01.01.1948 bequeathing the properties to himself and Srinivasa Vignesh, the other son. It was also contended by the defendant that the plaintiff himself had executed an unregistered release deed relinquishing his right over the property and acknowledging the Will dated 01.01.1948 under Ex.P1, dated 30.01.1981. On the above pleadings, the defendant sought for dismissal of the suit.

(3.) On consideration of the above pleadings, the learned trial Judge, framed the following issues:-