MADHAVI AMMA Vs. VELU PILLAI

JUDGEMENT

(1.) This appeal is directed against the decree and judgment in A. S. No. 237/77 of the District Court, Kollam, which was filed against the decree and judgment in O. S. No. 20/74 of the Munsiff's Court, Adoor. The defendants are the appellants.

(2.) The suit was filed by the plaintiff one Velu Pillai claiming himself to be the only legal heir, as brother, to the estates of one C. K. Thankappan Pillai, who according to the plaintiff, was a bachelor and died intestate. The suit is for declaration of title and recovery of possession of plaint schedule properties. Plaint A schedule properties belonged to the deceased absolutely and B schedule properties were jointly owned by the deceased and his elder brother Ramakrishna Pillai who predeceased him. The defendants are the widow and children of this Ramakrishna Pillai. According to the plaintiff, Ramakrishna Pillai and the deceased Thankappan Pillai were the children of one Parameswaran Pillai and Karthiyani Amma. As the deceased Thankappan Pillai had no other nearer legal heir to succeed to his estates, the plaintiff alone is entitled to be declared as the heir to the assets of the deceased.

(3.) The defendants filed written statement contending that Velu Pillai and Ramakrishna Pillai were born to Parameswaran Pillai through Karthiayani Amma. But the deceased Thankappan Pillai was born to Krishna Pillai through Karthiayani Amma and as such the plaintiff was only a uterine brother of the deceased and was not entitled to succeed as his legal heir. It was also contended that there was a half sister of the deceased Thankappan Pillai alive and that she alone would be entitled to the estates of the deceased as she would exclude the plaintiff's claim as brother.