The genuineness and validity of a Will may not need to be established if it is not in dispute between the parties, and there is no need to seek a declaration that a sale deed is null and void if it is contrary to the terms of the Will.

1. In this Second Appeal, challenge is made to the judgment and decree dated 02.08.2013 passed in A.S.No.1 of 2007 on the file of the Subordinate Court, Bavani reversing the judgment and decree dated 31.10.2006 passed in O.S.No.418 of 2005 on the file of the Principal District Munsif Court, Bavani.

2. The second appeal has been admitted on the following substantial questions of law.

(a) Whether or not the 1st appellate court is correct in decreeing the suit for partition on the basis of the Will dated 09.08.1965 and the cause of action to file the suit for partition arose in the year 1989 itself on the death of life estate holder Muniammal, when the suit hopelessly barred by limitation?

(b) Whether or not the I Appellate court is correct in decreeing the suit for partition when the sale deed dated 28.02.2000 in favour of this appellant has not been set aside by means of declaratory relief?

(c) Whether or not the I Appellate Court is correct in decreeing the suit for partition on the basis of the misinterpretation of the Will dated 09.08.1965?

3. Considering the scope of the issues involved between the parties as regards the subject matter lying in a narrow compass, it is unnecessary to dwell into the facts of the case in detail.

4. Suffice to state that the plaintiff/first respondent has laid the suit for partition against the defendants. The plaintiff claimed half share in the suit properties based upon the Will dated 09.08.1965 executed by his paternal grandfather Muniappa Gounder. The certified copy of the above said Will has been marked as Ex.A1. It is seen that Muniappa Gounder is paternal grandfather of the plaintiff. Plaintiff's father Sengoda Gounder is one of the sons of Muniappa Gounder. It is also noted that the first defendant Sellammal is the granddaughter of Muniappal Gounder, born to his daughter Muniammal. It is found that Muniappa Gounder had bequeathed the properties by way of Ex.A1 Will granting the life interest in favour of Muniammal and thereafter directed that the properties comprised in the Will should devolve upon his grandson and granddaughter namely the plaintiff and the first defendant. Thus, it is noted that by way of Ex.A1 Will, after the life time of Muniammal, the properties comprised therein would devolve upon the plaintiff and the first defendant. It is seen that Muniammal, the life estate holder had died in the year 1989. It is thus found that thereafter the properties comprised in Ex.A1 Will would devolve upon the plaintiff and the first defendant equally. Alleging that the first defendant without any authority had alienated the entire suit properties in favour of the second defendant by way of a sale deed dated 28.02.2000 and contending that inasmuch as the first defendant is not entitled to convey the entire suit properties in favour of the second defendant and as the first defendant is not the absolute owner of the properties comprised in the Will marked as Ex.A1 and that as the plaintiff is entitled to half share in the same, accordingly, it is stated that the plaintiff has been necessitated to lay the suit for partition.

5. The first defendant had not contested the plaintiff's suit and remained exparte.

6. It is only the second defendant, who had resisted the plaintiff's case by contending that inasmuch as, she had purchased the suit properties from the first defendant by way of a sale deed dated 28.02.2000 for a valid and valuable consideration and enjoying the same and that as the plaintiff is not having any right, title or interest in respect of the suit properties as per the Will Ex.A1, it is stated that the plaintiff is not entitled to obtain the relief of partition as prayed for.

7. On a perusal of the written pleas put forth by the second defendant, it is seen that the second defendant has not disputed the Will dated 09.08.1965 executed by Muniappa Gounder marked as Ex.A1. In fact, she has averred in the written statement that the suit properties devolved upon Muniammal till her