Nearly 93 items of properties which include immovable properties situated in Uppilipalayam Village, Kalapatti Village, Singanallur Village, Vellakinaru Village and Kurudampalayam Village, all at Coimbatore District, originally belonged to one R.Venkitusamy Naidu, who died leaving behind him, 2 sons viz., R.V.Lakshmiah Naidu and R.V.Rangasamy Naidu and 5 daughters, viz., Ranganayakiammal, Thayammal, Krishnammal, Nagammal and Ammaniammal.

2. R.V.Rangasamy Naidu died on 01.06.1955, leaving behind him, his wife Krishnammal without any other legal heirs. His wife Mrs. Krishnammal also died on 30.04.1977.

3. The other son of R.Venkitusamy Naidu, viz., R.V. Lakshmiah Naidu also died on 05.04.1958, leaving behind him his 4 sons, viz., L. Bakthavatsalu, L. Venkatapathy, L. Jagannathan and L. Ramasamy, out of whom, the first three are the defendants 4 to 6 in O.S.No.89 of 1983 and plaintiffs 1 to 3 in O.S.No.649 of 1985.

4. One of the sons of R.V.Lakshmiah Naidu, viz., L.Ramasamy died leaving behind him his wife Manickammal and his daughters Mrs. Santha Thiyagarajan, Theena Ranganathan, M.Padhamalochini and S.Sakunthala, who are defendants 7 to 11 in O.S.No.89 of 1983 and plaintiffs 4 to 8 in O.S.No.649 of 1985.

5. One of the daughters of Venkitusamy Naidu, viz., Ranganayaki Ammals son A.Alagirisamy, is the first defendant in both the suits.

6. Likewise, the other daughter of Venkitusamy Naidu, viz., Thayammals son Kalyanasamy, is the second defendant in both the suits.

7. The other daughter of Venkitusamy Naidu, viz., Krishnammals son R.Alagirisamy, is the plaintiff in O.S.No.89 of 1983 and third defendant in O.S.No.649 of 1985.

8. The other daughter of Venkitusamy Naidu, viz., Nagammals son N.R. Soundararajan, is the third defendant in O.S.No.89 of 1983 and 4th defendant in

O.S.No.649 of 1985. 9. R. Alagirisamy, son of one of the sisters of R.V. Lakshmiah Naidu and R.V.Rangasamy Naidu, filed the suit in O.S.No.89 of 1983 on the file of learned Subordinate Judge, Coimbatore for declaration and partition of title in respect of 1/3rd share in the properties mentioned in Schedule-I or 1/4th share in the properties mentioned in Schedule-II and for separate possession.

10. The defendants 4 to 11 in the said suit, viz., O.S.No.89 of 1983 have filed the other suit in O.S.No.649 of 1985 for declaration and injunction that they are absolutely entitled to the suit properties, thereby denying the claim of the plaintiff in O.S.No.89 of 1983, to have a share in the same.

11. The suit properties involved in both the suits are relating to 9 items of properties comprised in:

(i)G.S.No.181 - 4.50 acres

(ii)G.S.No.183/1 - 1.69 acres

(iii)G.S.No.184/1 - 3.20 acres

(iv)G.S.No.185 - 5.24 acres

(v)G.S.No.187 - 4.62 acres

(vi)G.S.No.189 - 4.17 acres

(vii)G.S.No.190 - 5.41 acres

(viii)G.S.No.191 - 4.44 acres

(ix)G.S.No.192 - 3.52 acres

Total extent -36.79 acres.

12. The case of the plaintiff in O.S.No.89 of 1983 was that R.V.Rangasamy Naidu died on 01.06.1955 without male or female issues and he left behind his widow Krishnammal. According to him, R.V.Rangasamy Naidu has left a registered Will dated 10.05.1955, by which he has bequeathed his properties to be enjoyed by his wife Krishnammal during her life time without any power of alienation and after her life time, the properties should vest with the sons of his sisters, viz., the plaintiff as well as defendants 1 to 3 in O.S.No.89 of 1983. It is stated that the original Will is with the 12th defendant in the suit, viz., M.V. Ramachandra Naidu, who is said to have been appointed as Executor and the original Will would be produced later. 12(a). It is the further case of the plaintiff that, after the death of Krishnammal on 30.04.1977, even though the plaintiff as well as defendants 1 to 3 in O.S.No.89 of 1983

are entitled to 1/4th share equally as per the Will, defendants 4 to 11 in O.S.No.89 of 1983, who are the legal heirs of another brother of R.V.Rangasamy Naidu, viz., R.V. Lakshsmiah Naidu, claiming themselves to i