The main legal point established in the judgment is that the rights of coparceners by birth, the binding nature of family arrangements, and the circumstances under which a partition can be set aside are crucial in determining entitlement to coparcener properties.

A. Selvam, J.

The Judgment and decree dated 13.09.2005 passed in Original Suit No.78 of 2004 by the First Additional District Court (P.C.R.) Trichirapalli are being challenged in the present Appeal Suit.

2. The appellants herein as plaintiffs have instituted Original Suit No.78 of 2004 on the file of the trial Court praying to pass a preliminary decree of partition, granting perpetual injunction and also for directing the defendants 1 and 2 to produce accounts with regard to past profits and also for future profits, wherein the present respondents have been shown as defendants.

3. In the plaint it is averred that one Rajkumar Ramachandra Thondaiman is the erstwhile Raja of Pudukottai State and he passed away in the year 1927 leaving behind him his three sons namely Raja Rajagopala Thondaiman, Rajkumar Radhakrishna Thondaiman and Rajkumar Vijaya Ragunatha Thondaiman. The first plaintiff is the son of Rajkumar Vijaya Ragunatha Thondaiman and the second plaintiff is the mother of the first plaintiff. The first defendant is the son of Rajkumar Radhakrishna Thondaiman and subsequently he has been given in adoption to Raja Rajagopal Thondaiman. The second defendant is the mother of the first defendant. The defendants 3 and 4 are the children of the second defendant. The said three brothers have constituted Hindu Joint Family and the first brother by name Raja Rajagopala Thondaiman has given a declaration on 26.09.1969 to the effect that all the properties belonging to undivided Hindu Joint family. The father of the first plaintiff has passed away in the year 1984 leaving behind him the plaintiffs as his legal heirs. The defendants have acted against the interest of the plaintiffs and also attempted to deny the right of the plaintiffs in the suit properties. The defendants have obtained signatures of the father of the first plaintiff in more than one document. The second plaintiff being the widow of Rajkumar Vijaya Ragunatha Thondaiman, has become helpless and ultimately both the plaintiffs have been left in lurch. Under the said circumstances, the present Suit has been filed for the reliefs sought for in the plaint.

4. On the side of the defendants a written statement has been filed like magnum opus. However, it has been raised in the written statement to the effect that amongst three brothers namely Raja Rajagopala Thondaiman, Rajkumar Radhakrishna Thondaiman and Rajkumar Vijaya Ragunatha Thondaiman a family arrangement has been made in the year 1976, wherein all joint family properties have been divided by metes and bounds and in recognition of family arrangement, a partition list has come into existence on 15.01.1976 and in pursuance of the same, the father of the first plaintiff has executed various sale deeds and the first plaintiff himself has executed a sale deed dated 25.02.1990. Under the said circumstances, the plaintiffs are not entitled to get partition and altogether, the present Suit deserves to be dismissed.

5. On the basis of the divergent pleadings raised on either side, the trial Court has framed necessary issues and after analysing both the oral and documentary evidence, has dismissed the Suit in toto. Against the Judgment and decree passed by the trial Court, the present Appeal Suit has been preferred at the instance of the plaintiffs as appellants.

6. Before contemplating the rival submissions made on either side, it would be apropos to look into the genealogy put forth on the side of the plaintiffs as well as on the side of the defendants.

7. It is an admitted fact that the erstwhile Raja by name Rajkumar Ramachandra Thondaiman has passed away in the year 1927 leaving behind him his three sons namely Raja Rajagopala Thondaiman, Rajkumar Radhakrishna Thondaiman and Rajkumar Vijaya Ragunatha Thondaiman and his three daughters. It is also equally an admitted fact that the first son by name Raja Rajagopala Thondaiman on 26.09.1969 has given a declaration to the effect that all the properties are the joint family