The main legal point established in the judgment is the application of Hindu Succession Act, 1956, and Evidence Act, 1872, in determining the validity of Wills, the concept of survivorship, and the division of ancestral property shares.

S.A.No.745 of 2011 is filed by defendant Nos.1 and 2 animadverting upon the judgment and decree dated 23.9.2008 passed by the First Additional District Court, Erode, in A.S.No.80 of 2007, confirming the judgment and decree dated 24.3.2005 passed by the First Additional Sub Court, Erode, in O.S.No.272 of 1999, which is one for partition.

S.A.No.471 of 2013 is filed by the plaintiffs animadverting upon the judgment and decree dated 23.9.2008 passed by the First Additional District Court, Erode, in Cross Appeal in A.S.No.80 of 2007 confirming the judgment and decree dated 24.3.2005 passed by the First Additional Sub Court, Erode, in O.S.No.272 of 1999, which is one for partition.

2. The parties, for the sake of convenience, are referred to hereunder according to their litigative status and ranking before the trial Court.

3. Heard both.

4. Compendiously and concisely, the germane facts absolutely necessary for the disposal of these two second appeals would run thus:

(i) The appellants in S.A.No.471 of 2013, namely, 1.Pappathi, 2.Vadivel, 3.Palaniswami and 4.Sivakami, as plaintiffs, filed the suit as against as many as five defendants seeking the following reliefs:

"1. for partition of the suit property into 9 equal shares and for separate possession of such shares;

OR IN THE ALTERNATIVE

2. for partition of the suit property into 5 equal shares and for separate possession of 4 such shares.

3. for payment of costs." (extracted as such) citing the following immovable property described in the schedule of the plaint:

Schedule-B

Erode Registration District, Poondurai Sub Registration District, Erode Taluk, Aval Poondurai Village -

ASF.No.792/1, of an extent of 1.79.0 hectares, and assessed to Rs.4/96

(Corresponding to Old SF No.944/1)

(extracted as such)

(ii) The defendants resisted the suit by filing written statements.

(iii) Whereupon, the trial Court framed the issues.

(iv) Up went the trial, during which the fourth plaintiff examined herself as P.W.1 along with P.W.2 and marked Exs.A1 to A9. The second defendant examined himself as D.W.1 along with D.W.3 and D.W.5(5th defendant) and marked Exs.B1.

(v) Ultimately the trial Court decreed the suit and passed the preliminary decree, the operative portion of which would run thus:

“TAMIL”

(extracted as such)

5. Challenging and impugning the judgment and preliminary decree of the trial Court, the defendants preferred the appeal, whereupon the plaintiff preferred the cross appeal. Both the appeal and the cross appeal were heard together and both were dismissed.

6. Being aggrieved by and dissatisfied with the judgments and decrees of both the courts below, the defendants 1 and 2 preferred S.A.No.745 of 2011 and as against the dismissal of the cross appeal, the plaintiffs filed the S.A.No.471 of 2011, after getting the delay condoned. As such, both the appeals are before me.

7. The gist and kernel, the pith and marrow of the relevant facts, would in a few broad stokes would run thus:

(a) The plaintiff, one Kulandai Asari had two children namely Paramasiva Asari and Ammani Ammal. Kulandai Asari died leaving behind certain ancestral properties.

(b) Kulandai Asari's son Paramasiva Asari, along with his two sons, namely Shanmugam and Kulandaivel, sold the said ancestral property in favour of a third party vide the sale deed dated 11.07.1956 and in that Shanmugam was one of the vendors as major. However, Kulandaivel was a minor and he was eo nomine party, represented by his father Paramasiva Asari.

(c) The recitals in Ex.A1-the sale deed dated 11.7.1956 itself would connote and denote, exemplify and demonstrate that the said ancestral property contemplated under Ex.A1 was sold with the avowed object to purchase a new property. It is not very much in dispute that from out of the sale proceeds, the suit property was purchased.

(d) However, Paramasiva Asari during his lifetime executed the Will dated 9.7.1969 as contained in Ex.B1-the certified copy of the Will, treating as