A. SHANTHA GANAPATHY W/O GANAPATHY AND OTHERS Vs. SMT. T.K. JAGADAMBAL D/O T.N. KRISHNASWAMY PILLAI, MRS. PADMAVATHI W/O LATE T.K. THANGAVELU (SINCE DECEASED BY HER L.RS. MISS PREMAKUMARI D/O T.K. THANGAVELU AND OTHERS), SMT. LAKSHMI D/O T.N. KR

JUDGEMENT

(1.) THE unsuccessful plaintiffs in O.S. No. 11204/1998 had filed the suit for following reliefs: CLAIM: Suit filed on 05.10.1998, prays for Judgment and decree against the defendants, a) declaring that the plaintiffs are entitled to 1/5th share in all the properties described in the schedule and any other properties left by Smt. T.K. Nagambal. b) Directing the Schedule and other properties (if any) to be partitioned by metes and bounds and place the plaintiffs in separate possession of the 1/5th share and granting plaintiffs the cost of the suit and other relief. Schedule - A All that part and parcel of property bearing No. J6, 5th main, Jayamahal, Bangalore and the market value of the said property is about Rs. 1.50,000/ Schedule - B Money under fixed deposits in Syndicate Bank, Jayamahal Branch, Bangalore. Money under fixed deposits in State Bank of Mysore, Jayamahal Branch, Bangalore. Money under fixed deposit in Canara Bank. Nandidurg Road, Bangalore. Schedule - C Investments in several companies under Share Certificates available with the 1st Defendant. Schedule - D Other moveable under the custody of 1st defendant such as gold jewels, colour T.V. set. shares and other moveables, valued more than Rs. 5,00,000/ -. Schedule - E Any other property which escaped notice.

(2.) THE plaintiffs had contended that late T.K. Nagambal was a former Principal of Maharani's Arts College, Bangalore. T.K. Nagambal was a spinster and she died on 27.12.1996. leaving behind plaint 'A' to 'E' schedule properties. She left behind her sisters and brothers namely Sharada. T. Jagadambal. Thangavelu, T.K. Neelambal and T.K. Bhagyavathi. Smt. Sharada. one of the sisters of T.K. Nagambal died leaving behind plaintiffs I to V as her legal representatives. Defendants I and IV are the sisters of deceased T.K. Nagambal. Defendants II, II(a) to II(g) are the widow and children of T.K. Thangavelu, who was the brother of late T.K. Nagambal. Defendants III and III(a) are the legal representatives of T.K. Neelambal, one of the sisters of late T.K. Nagambal. The plaintiffs have contended that plaintiffs and defendants succeeded to the estate of late T.K. Nagambal as her legal representatives and plaintiffs are entitled to 1/5th share in the estate of T.K. Nagambal. The plaintiffs submitted that late T.K. Nagambal was the absolute owner of property No. 16, 15th Main, Jayamahal, Bangalore -46, described in plaint A schedule. Late T.K. Nagambal had kept money in fixed deposits in Syndicate Bank, Jayamahal Branch, Bangalore, State Bank of Mysore, Jayamahal Branch, Bangalore and Canara Bank. Nandidurg Road, Bangalore, as described in plaint B' schedule. Late T.K. Nagambal had invested in several companies under share certificates, described in plaint C schedule, which are available with I -defendant. In plaint 'D' schedule, there is vague reference to the movables held by late T.K. Nagambal, neither description of movables nor their value is forthcoming.

(3.) THE other defendants filed written statement conceding the plaint averments and prayed for their respective shares.