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3.Whether the defendants have perfected title by adverse possession?

4.Whether the first plaintiff and plaintiffs 2 to 5 are entitled for partition of 1/3 share each of the suit property?

5.To what other relief they are entitled to?

9. In the joint trial of these cases, PWs 1, 2 & 3 were examined on the side of the plaintiffs in TOS No.24 of 2003 and Exs.P1 to P11 were marked. DWs 1 & 2 were examined on the side of the defendants in TOS No.24 of 2003 and Exs.D1 to D8 were marked.

https://www.mhc.tn.gov.in/judis &

33. It is to be noted that the plaintiff in TOS No.24 of 2003 (previously O.P.No.326 of 2000) obtained Letters of Administration on 10.08.2000 without impleading other sisters. The grant of Letters of Administration was not even mentioned in the reply notice dated 23.04.2001. This fact was not mentioned in the written statement filed in the partition suit. Only on 08.01.2003, this aspect came to the notice of the defendants when the counsel for the plaintiff served a copy of the petition to receive the documents. Thereafter, the defendants were impleaded in TOS No.24 of 2003. It confirms the case of the defendants that Exs.D2, D7 & D8 settlement deeds had been cancelled through Ex.P11 cancellation deed and on the same date, Ex.P1-Will was executed in favour of Pushpavathi under suspicious circumstances by exercising undue influence on deceased Shakuntala ammal. Therefore, it is unnecessary to discuss and give a finding with regard to the execution of Ex.P1-Will in this case.

Issue Nos.3 and 4 in TOS No.24 of 2003 and Issue Nos.1 and 4 in Tr.C.S.No.91 of 2004:

36. In view of the findings arrived at in Issue Nos.1 and 2 in TOS No.24 of 2003 and Issue Nos.2 and 3 in Tr.C.S.No.91 of 2004, this Court finds that the defendants, namely, plaintiffs in Tr.C.S.No.91 of 2004 are entitled to claim their respective 1/3 share in the suit property and the plaintiffs in T.O.S.No.24 of 2003, namely, defendants in Tr.C.S.No.91 of 2004 are not entitled for the grant of Letters of Administration and for any other relief.

(iv) Considering the relationship between the parties, the parties are directed to bear their own costs.

.01.2023 ep/sli/mra List of witnesses examined on the side of the plaintiff(s) in TOS No.24 of PW.1 - Mr.S.Sakthivel PW.2 - Mr.K.Thanigaivelu PW.3 - Mr.K.Moorthy List of exhibits marked on the side of the plaintiffs in TOS No.24 of https://www.mhc.tn.gov.in/judis & Exhibits Date Particulars Ex.P1 14.03.199 Original Cancellation of Settlement Deeds 5 executed by Sakunthala Ammal Ex.P2 01.02.200 Original Death Certificate of Sakunthala Ex.P3 16.11.200 Original Property Tax Collection Receipt in the 0 name of S.Pushpavathy Ex.P4 13.11.200 Original Water Supply and Sewage Tax Payment Ex.P5 04.12.202 Original Electricity Bill in the name of 0 S.Pushpavathy Ex.P6 31.01.199 Certified copy of the judgment in RCOP No.3163 5 of 1991 on the file of Small Causes Court, Chennai Ex.P7 22.04.199 Photocopy of the order in E.P.No.208 of 1996 in 8 RCOP No.3163 of 1991 along with list of articles Ex.P8 - Photocopy of the property tax demand card book in the name of Sakunthala Ex.P9 - Original water charges card book in the name of A.Sakunthala Ex.P10 05.07.198 Original death certificate of Arumugam Ex.P11 14.03.199 Original Will executed by Sakunthala Ammal in 5 favour of S.Pushpavathy List of witnesses examined on the side of the defendants in TOS No.24 https://www.mhc.tn.gov.in/judis & of 2003 DW.1 - Mrs.K.Jamuna DW.2 - Mr.D.Gunalan List of exhibits marked on the side of the defendants in TOS No.24 of Exhibits Date Particulars Ex.D1 29.07.1969 Photocopy of the Will executed by Arumuga Mudaliar Ex.D2 31.05.1990 Certified copy of the settlement deed (Doc.