JUDGMENT

The second appeal has been filed against the Judgement and Decree passed by the learned Principal District Judge, Kancheepuram, Chengalpattu in A.S.No.7 of 2018 dated 11.03.2022, confirming the Judgement and Decree passed by the learned Subordinate Judge, Tambaram, in O.S.No.268 of 2010 dated 20.02.2017.

2. The appellant herein/plaintiff, had filed the Suit seeking the relief of partition, separate possession in respect of the suit property and a declaration that the registered Will dated 27.03.1995, Sale Deed dated 08.02.2007 and Settlement Deed dated 29.08.2005 as null and void. The suit was dismissed and the same was confirmed by the first appellate Court. Aggrieved against the same, the appellant/plaintiff has filed the present Second Appeal.

3. For the sake of convenience, the parties are referred to as they are arrayed in the original suit.

4. The case of the plaintiff is as under:-

4.1. The suit property is the the Grama Natham land assigned to the plaintiff’s father Thambiran Naicker and mother Sakunthala by the Government of Tamil Nadu 40 years back. The plaintiff’s father and mother constructed a brick house in the suit property out of their own joint exertion and had been living along with their daughter, the plaintiff herein and their only son Krishnamurthy. The first defendant is the wife of Krishnamurthy and defendants 2 to 6 are their children.

4.2. The plaintiff’s mother Sakunthala died on 15.02.2005 and her brother Krishnamurthy died on 06.03.2007 and her father died on 08.03.2009. During the life time of plaintiff’s father and mother, they had jointly executed a registered Will dated 23.08.1986 in favour of the plaintiff and her brother respectively bequeathing ‘B’ and ‘A’ schedule property with full rights.

4.3. After the execution of the said Will, the father and mother of the plaintiff had jointly executed a registered Deed of Cancellation of Will dated 24.03.1995 cancelling the Will dated 23.08.1986. After executing the Deed of Cancellation of Will the plaintiff’s father had executed another Will dated 27.03.1995 bequeathing the suit property with house thereon in favour of his wife Sakunthala to be enjoyed till her life time after the demise of said Thambiran Naicker and after the demise of Sakunthala, her son Krishnamurthy should enjoy the suit property and after his demise his son Palani, the 6th defendant should enjoy the suit property with full rights.

4.4. The plaintiff’s father had no right to execute the above said Will dated 27.03.1995 as her father and mother had jointly occupied the suit property and constructed the house out of their joint exertion. After the execution of the said Will dated 27.03.1995, the plaintiff’s mother Sakunthala died on 25.02.2005 and Krishnamurthy died leaving behind his legal heirs defendants 1 to 6.

4.5. After the death of the plaintiff’s mother, the suit property has become the joint family property. The plaintiff’s brother Krishnamurthy, husband of 1st defendant has got equal share in the suit property. Whereas, after the death of the plaintiff’s brother Krishnamurthy, the 1st defendant began to claim full right over the suit property and informed that the plaintiff has no right in the suit property and should vacate the suit property.

4.6. The plaintiff further came to know that a Sale Deed dated

08.02.2007 was executed by the plaintiff’s father in respect of item No.2 of the suit properties in favour of the 7th defendant. The said Sale Deed dated 08.02.2007, Will dated 27.03.1995 and Settlement Deed dated 29.08.2005 are not valid documents and have to be declared as null and void and not binding on the plaintiff. Hence, the suit.

5. The crux of the written statement filed by the defendants is as under :-

5.1. The suit site was assigned by the Special Tahsildar (Assignment), Saidapet only to Thambiran Naicker and not to his wife Sakunthala. The property tax and water tax were assessed in the name of said Thambiran Naicker. He also obtained T.N.E.B. service connectio