JUDGMENT :

(Prayer: Appeal is filed under Section 96 of the Code of Civil Procedure, praying to allow the appeal and set aside the judgment and decree in O.S.No.122 of 2006 on the file of the Additional District Court (Fast Track Court No.I), Thanjavur, dated 29.02.2008.)

1. Aggrieved over the dismissal of the suit filed for partition, the present First Appeal is filed by the legal heirs of the plaintiff, namely Ramadoss (since deceased).

2. The brief facts leading to the filing of this appeal are as follows:

2.1. The deceased plaintiff-Ramadoss and the defendants in O.S.No.122 of 2006 are the legal heirs of one Govindammal. The plaintiffs 1 to 6 were impleaded as legal heirs of the deceased plaintiff-by name Ramadoss. An extent of 9275 square feet with building bearing Door No.64 of 3003 was purchased by the mother of the deceased plaintiff and the defendants, namely Govindammal for a valid consideration on 31.08.1973. The said Govindammal has settled an extent of 3780 square feet to the fourth defendant, by a registered settlement deed dated 28.11.1985. She retained the remaining extent i.e., 5495 square feet. The said Govindammal died intestate on 06.09.1991, leaving the deceased plaintiff and the defendants as her legal heirs. Therefore, the deceased plaintiff and the defendants 1 to 7 are all entitled to 1/8th share in the suit property. The fourth defendant is making arrangement to alienate the property. Despite the request made by the deceased plaintiff for amicable partition, there was no response. Hence, the suit.

2.2. The fourth defendant, by name Dr.P.Sivasubramanian, who was the main contesting defendant, filed a written statement, which was adopted by others. The defendants 1 to 3 and 5 to 7 in O.S.No.122 of 2006 filed a memo adopting the written statement of the fourth defendant. Besides, they also admitted that the suit property belongs to the fourth defendant. It is the case of the fourth defendant that he was working as a Professor of Medicine of Thanjavur Medical College. In the year 1961, he was appointed as Gazetted Medical Officer in the Army during Chinese aggression. Similarly, during Pakistan aggression, he served in Jammu and Kashmir in the Army on deputation. Afterwards, he served in various Governmental institutions. Finally, he retired as Professor of Medicine in Thanjavur Medical College. He has purchased the suit property in the name of Govindammal. The mother of the deceased plaintiff had executed a registered Will in favour of this defendant in respect of the suit property on 29.05.1989, while she was in sound disposing state of mind. The deceased plaintiff Ramadoss also attested the said Will at the time of execution. But, when the Will was presented for registration, he struck off his signature. Therefore, it is denied that the mother died intestate. The property, which was purchased in the name of the mother of the deceased plaintiff and this defendant, was fully transferred in favour of this defendant. Possession was also handed over to him. This defendant has paid all necessary taxes and charges to the relevant Departments and Authorities. Hence, he prayed for dismissal of the suit.

2.3. The Trial Court has framed three issues, which are as follows:

"(i) Is it true that the property was purchased by Govindammal, as contended by the plaintiffs?

(ii) Is it true that the property was purchased by Govindammal out of the self-earnings of the fourth defendant?.

(iii) Whether the plaintiffs are entitled to 1/8th share?".

2.4. On the side of the plaintiffs, P.W.1 was examined and Exs.A.1 to A.10 were marked. On the side of the defendants, the fourth defendant was examined as D.W.1, the sixth defendant was examined as D.W.2 and one of the attesting witnesses was examined as D.W.3 and Exs.B.1 to B.11 were marked.

2.5. On the basis of the evidence both oral as well as documentary, the Trial Court answered the issues as against the plaintiffs and dismissed the suit, against which, the present First Appeal is fil