Jurisdiction of Court to enquire about the fairness of depositions made in the Will

Thangamani, J.

The family of Rao Bahadur Sen-thilkumara Nadar of Virudhunagar is one of the richest in this part of the country. It owns extensive extents of plantations in Shervaroy Hills and Kerala besides other assets including a spinning Mill at Tuticorin. It is also having a very flourishing foreign trade of coffee. The family has also its business in Mangalore, Coimbatore, Bangalore and Virudhunagar. M.S.Periaswami Nadar is the eldest of the three sons of Senthi Kumara Nadar. There was a partition among Senthi Kumara Nadar and his sons under Ex.B-76 dated 4. 1941. Appellant Rajesh and first respondent Raja are the sons of Periaswami Nadar. The father and two sons in turn divided their family properties under Ex.B-2, dated 9. 1954. Periaswami Nadar died on 21. 1955. Under Ex.A-2, dated 110. 1956 appellant, first respondent and their mother Thangammal partitioned the properties left by Periaswami Nadar. Schedule ‘A’ of this partition deed relates to the properties allotted to the mother. They include suit items 1,12,13 and 14. Item 1 is a house known as Thanga Mahal Maligai in Virudhunagar. This bears Door Nos.93 to 96 of Ramamoorthi Road and measures 460’ east-west and 220’ north-south. Item 14 bearing Door No. 12-A of Rajaji C.CRoad is the rear portion of Thanga Mahal Maligai. Periaswami Nadar and Thangammal were residing in Thanga Mahal Maligai. The first respondent is also residing in the same house with his family. In 1956 they purchased Cauvery Peak Estate 20 Km. away from Yercaud. Appellant Rajesh is residing in the bungalow in that Estate. He also claims that he and his family members used to stay in the upstair portion of Thanga Mahal Maligai whenever they visited Virudhunagar. The first respondent also docs not dispute the fact that the drawing room and two bed rooms in the upstairs are kept for common use. Both the brothers were taking part in public life also. Appellant Rajesh was the President of Panchayat Board, Yercaud and became the President when it became Panchayat Union. He was also the President of Shervaroy Plantations Association and of Yercaud Club. Respondent Raja was the Chairman of the Virudhunagar Municipality from 1959 to 1969. Disputes arose between the brothers in April, 1974. Civil suits were instituted in the Courts at Salem and Ramnad. There was even a complaint that on 7. 1974 appellant tried to shoot the first respondent twice in Yercaud. Well-wishers of the family intervened to bring about reconciliation between the brothers. Both of them agreed for an interim arrangement as suggested by Thiru Rajaram, former Minister, Thiru Sankara Mudaliar a leading lawyer of Salem and Baskar the first cousin of the brothers. Pursuant to the same certain Estates were left in the management of the first respondent. Later on the first respondent expressed his inability to continue the arrangement. On 2. 1975 the first respondent passed Ex.A-39 letter on the appellant stating that he is unable to be away from Virudhunagar since he has a lot of . personal interest and public activities. He realises that the appellant should continue to be in the management of all the Estates as before not only to have efficient administration but also to discharge the liabilities to the banks and to continue the foreign trade in coffee and other commodities and maintain the reputation of their firms and business. He has put the appellant in possession of the estate that were given to him for his management as per the interim arrangement. While the appellant left for London on 15. 1975, the first respondent also went abroad on 6. 1975. The first respondent came back on 16. 1975. The appellant returned to India on 17. 1975. In the meanwhile, mother Thangammal had passed away on 16. 1975 at Virudhunagar.

2. In this background appellant instituted the present suit on 21. 1978 for partition and separate possession of his half share in the suit properties and for rendition of accounts. As we have already stated suit