The court upheld the validity of the Will executed by the deceased, affirming the plaintiffs' claims to their inheritance while rejecting defendants' assertions of joint family property and oral partition.

JUDGMENT :

P.B.BALAJI, J.

The first defendant in O.S. No.233 of 2015 on the file of the II Additional District and Sessions Judge, Thiruppur, is the appellant in A.S. No.383 of 2023. The defendants, 3 and 4 in O.S. No.233 of 2015 are the appellants in the same suit in O.S. No.233 of 2015 are the appellants in A.S. No.514 of 2023.

2. PLEADINGS:-

(a) Plaint in brief:-

The plaintiffs are the legal heirs of deceased M.R.Karuppusamy. The first defendant is the brother of M.R.Karuppusamy, the second defendant is mother and defendants 5 to 7 are sisters of the said M.R.Karuppusamy. The defendants 3, 4 and 8 are purchasers of suit properties. Item No.1 of the suit property was purchased by the husband of the second defendant, Rangasamy Gounder on 10.06.1970. Item 2 of the suit property was allotted to the said Rangasamy Gounder at a partition dated 01.07.1971. The said Rangasamy Gounder died intestate on 18.12.1996, leaving defendants 1, 2, 5 to 7 and M.R.Karuppusamy as his legal heirs. Deceased M.R.Karuppusamy, was entitled to 1/6^th share in Items 1 and 2 and insofar as Items 3 to 7, the said properties were purchased by M.R.Karuppusamy and the first defendant under registered sale deeds for valid consideration. Item 8 was purchased by M.R.Karuppusamy and it is his absolute property. M.R.Karuppusamy and the first defendant are entitled to half share in Items 3 to 7 of the suit properties.

(a)(i) During the lifetime of M.R.Karuppusamy, there was an oral partition between him and the first defendant. M.R.Karuppusamy constructed a house in Door.No.6/624 and Goddown in Door No.6/623 and was doing business under the name and style of M/s.Kannan Textiles as well as a sole Proprietor, installing 12 Power Looms and also by renting a godown from a third party. The said M.R.Karuppusamy died on 18.06.2015, leaving behind the plaintiffs and his mother, the second defendant as his legal heirs. The deceased M.R.Karuppusamy executed a Will on 17.09.2014, bequeathing his 1/6^th share in Items 1 and 2 and half share in items 3 to 7 to the plaintiffs. After the death of M.R.Karuppusamy, first defendant got the original title deeds and copies of the Will from the plaintiffs and on 18.08.2015 entered into the house in a drunken stage and threatened the plaintiffs to vacate the house immediately to state that he is the owner. The plaintiffs thwarted the said unlawful attempts of the first defendant. Plaintiffs applied for an Encumbrance Certificate and it came to their notice that the defendants 1 to 3 had colluded amongst themselves and created forged sale deeds and the settlement deeds which was executed by the second defendant in favour of defendants 1, 3 and 4 in respect of 1/8^th share in Items 3 to 7. The plaintiffs have therefore sought for declaration, partition and permanent injunction.

(b) Written Statement filed by defendants 1, 3 to 7 briefly set out hereunder:-

Sale deeds and settlement deeds are valid and have been accepted and acted upon.Rangasamy Gounder, purchased the first item of the property and enjoyed it as a joint family property. The first defendant was part of the joint family with M.R.Karuppusamy, till his death. The factum of purchase of third item by M.R.Karuppusamy and the first defendant on 27.04.1988 is admitted. M.R.Karuppusamy and the first defendant jointly cultivated Items 1 to 3, by raising plantain, sugarcane, turmeric and other cash cr