BHAGAVATHY UMMINI Vs. RAMANKUTTY

JUDGEMENT

(1.) The plaintiffs, in a suit for declaration that they are entitled to 5/26 shares in the plaint schedule properties, for partition and separate possession of their shares and for a further declaration that the Will and sale deeds executed by deceased Raman Narayanan are invalid and not binding on them and the plaint schedule properties, are the appellants. According to the plaintiffs, Raman Narayanan bad two wives, namely, the 1st plaintiff and the 1st defendant. Defendants 2 to 10 are the children born to Raman Narayanan through the 1st defendant, while plaintiffs 2 and 3 and the 11th defendant are the children born to the first plaintiff by Raman Narayanan. Plaintiffs contended that Raman Narayanan was not in his proper senses and was not having a proper disposing capacity at the time of the execution of the Will and the sale deeds impugned in the suit.

(2.) Eleventh defendant supported the plaintiffs while the other defendants resisted the suit contending that the plaintiffs had nothing to do with Raman Narayanan, that the 1st plaintiff was not the legally wedded wife of Raman Narayanan and that the plaintiffs who have no right over the property are incompetent to dispute the validity of the Will and the alienations.

(3.) The learned Subordinate Judge who tried the suit found that plaintiffs 2 and 3 and the 11th defendant are the illegitimate children of deceased Raman Narayanan and that the 1st plaintiff is not the legally wedded wife of Raman Narayanan. On these findings, though several points have been raised and several issues framed, the Trial Court without considering those issues, dismissed the suit. On appeal, the lower appellate court confirmed the decree and judgment or the Trial Court.