A will must be proved in accordance with Section 63 of the Succession Act read with Section 68 of the Evidence Act; its admission in summary land ceiling proceedings does not bind non-parties for purpose of title, and certified copy can be relied upon only when loss of original is pleaded.

JUDGMENT

1.This Second Appeal has been preferred as against the judgment and decree made in A.S.No.36 of 2014 on the file of the learned Subordinate Judge, Dharapuram, dated 23.02.2017, confirming the judgment and decree made in O.S.No.127 of 2008, dated 03.10.2012, on the file of the learned Subordinate Judge, Kengeyam.

2.The appellant is the 7^th defendant in O.S.No.127 of 2008 filed by the plaintiff, who is the 1^st respondent in this appeal for the relief of partition. The trial Court dismissed the suit and the plaintiff filed an appeal in A.S.No.36 of 2014 on the file of the learned Subordinate Judge, Dharapuram, and the appellate Court also dismissed the appeal by confirming the decree and judgment passed by the trial Court. Aggrieved by the said decree and judgment, the 7^th defendant in O.S.No.127 of 2008 has preferred this second appeal.

3. The brief facts of the averments made in the plaint before the trial Court are as follows:

The suit properties originally belonged to one V.G.Periyasamy Goundar by ancestrally. The 1^st defendant is the 2^nd wife of said Periyasamy Goundar. The 2^nd defendant is the son of 1^st defendant and the said Periyasamy Goundar. The defendants 5 and 6 (Deceased Balagurunathan and Karpagavalli) are the Children born to the said Periyasamy Goundar through his 1^st wife, namely Valliyammal. The said Periyasamy Goundar died intestate in the year 1968. The son of deceased Periyasamy Goundar, namely, Balagurunathan, died intestate leaving behind the plaintiff and the 5^th defendant as his legal heirs in the year 1974. The daughter of the deceased Periyasamy Goundar, namely Karpagavalli also died intestate leaving behind the defendants 3 and 4 as her legal heirs. The 1^st item of the suit properties ancestrally belonged to the deceased Periyasamy Goundar. The 2^nd item of the suit properties and others originally belonged to the father of the deceased Periyasamy Goundar separately. The sons of Gurusamy Goundar, namely Periyasamy Goundar, Chinnasamy Goundar, Archuna Goundar, partitioned their properties through partition deed dated 04.04.1949 and the 2^nd item of the suit properties and other properties were allotted to the said Periyasamy Goundar as 'B' schedule properties through the said partition. In respect of the properties allotted to the Periyasamy Goundar through the said partition, the said Periyasamy Goundar and his sons Balagurunathan and the 2^nd defendant namely, Parameshwaran partitioned their properties through partition deed dated 29.11.1959. The 2^nd item of the suit properties, which was allotted as 'A' schedule in the said partition to the said Periyasamy Goundar and after his demise, his 2^nd wife/1^st defendant and his sons and daughters/Defendants 2, 6 and 7 along with Karpagavalli and Balagurunathan jointly enjoyed the properties. The suit properties are jointly enjoyed by the plaintiffs and the defendants and are under common enjoyment. The defendants 1 and 2 jointly entitled to 1/6^th share, the defendants 5 to 7 are separately entitled to 1/6^th share, the defendants 3 and 4 jointly entitled to 1/6^th share and the plaintiff and the 5^th defendant jointly entitled to 1/6^th share of the suit properties. The 5^th defendant executed a release deed dated 21.11.1990 in favor of the plaintiff and thereby, the plaintiff is entitled to 1/6^th share of the suit pro