VALLIAMMAL Vs. SUBRAMANIAM

JUDGEMENT

(1.) Aggrieved against the judgment and decree passed by the High Court of Judicature at Madras in Second Appeal No. 1324 of 1983 wherein the High Court while reversing and setting aside the concurrent judgments of the two courts below has dismissed the suit which had been decreed by the courts below, the plaintiff/appellants have filed the present appeal (now represented through L.Rs).

(2.) Since the dispute is between the members of the family it would be useful to refer to genealogy of the family, which is as under:

(3.) Original plaintiff Malaya Gounder died after the disposal of the first appeal. Respondents who filed the appeal in the High Court impleaded Ammaniammal daughter of the brother of the original plaintiff and Valliammal, daughter-in-law, wife of the pre-deceased son Muthusamy as the legal representatives of Malaya Gounder on the basis of an alleged will executed by him in their favour. Valliammal died intestate without any issue during the pendency of the appeal in this Court on 10-8-2001 and after her death her share has devolved on the defendants/respondents being the nearest collateral. Ammaniammal also died on 22-11-2001 and is now represented through her children.