ELIZABATH AND OTHERS Vs. G.K. SUMATHY

JUDGEMENT

(1.) Both these appeals arise out of judgment dated 9.1.2007 in OS No. 24 of 1998 of the Family Court, Thiruvananthapuram.

(2.) Mat. Appeal No. 544 of 2007 has been filed by the plaintiffs and Mat. Appeal No. 259 of 2007 has been filed by the second defendant.

(3.) The short facts arising in OS No. 24 of 1998 are as under and the parties are referred to as shown in the suit. The plaintiffs contended that first plaintiff married Franklin, S/o Abraham in 1960 and they were living together as husband and wife at Thiruvananthapuram. Plaintiffs 2 to 8 are the children born in their wedlock. Franklin died on 2.9.1995 following a heart attack. At the time of death, Franklin was working as a waiter in a Guest House under Kerala State Tourism Department. When the plaintiffs attempted to claim the service benefits, they understood that claim has been raised by another person, the 2nd defendant. According to the plaintiffs, they are the only surviving legal heirs of deceased Franklin.