LAW FOR ALL

We have come to the conclusion that Smt. Rangammal- testatrix has the absolute right to deal with the properties mentioned in the Will and alienations made by her during her life time are saved by the Will and the judgment of the High Court holding sales in favour of the appellant as null and void is unsustainable and is hereby set aside. Civil Appeal Nos.5924 of 2005, 5925 of 2005 and 5926 of 2005 are partly allowed and following sale deeds are deleted from the description of the property in the plaint. The Trust shall not include following sale deeds: (i) Sale deed in favour of Dr. K.S. Palanisami, defendant No.13 dated 11.5.1979, Schedule II, Item No.15 and 16. (ii) Sale deed in favour of defendant Nos.4 and 5 dated 19.9.1972 and 30.9.1972, second Schedule, Item Nos. 5 and 6 (Ex.B-28 and Ex.B-29). (iii)Sale deed dated 24.3.1977, first Schedule, Item No.6, in favour of Thirugnanasambandam, defendant No.7 (Ex.B-116) and (iv) Sale deed in favour of Dr. M.R. Subbian dated 20.2.1970, Schedule II, Item No.2 and 7 (Ex.B-114). We, however, make it clear that the judgment of the High Court declaring sale deeds executed by defendant Nos.4 and 5 as null and void is maintained. All alienations made by defendant Nos.4 and 5 are null and void and those properties shall be treated as part of the Trust property. II. Civil Appeal No. 6469 of 2005 stands dismissed. III. The directions issued by the High Court in paragraph 116 are maintained subject to directions-I as made above. Judicial Officer having jurisdiction over the case who has been directed by the High Court to frame the scheme for the Trust shall frame the scheme expeditiously preferably within a period of three months from the date a copy of this judgment is produced before him. It goes without saying that all steps for identification, protection and management of Trust property shall be undertaken by all concerned.