MADHAVI AMMA BHAVANI AMMA Vs. VELU PILLAI

JUDGEMENT

(1.) Defendants are the appellants. Plaintiff filed the suit for declaration of title, for partition and recovery of possession. The Trial Court granted a decree declaring that the plaintiff is the sole heir of deceased Thankappan Pillai and that as such he is entitled to inherit the properties of the latter and for recovery of possession of items 2 to 5 of A schedule from the defendants and also for partition and separate possession of half of plaint B schedule properties. The plaintiff was also granted mesne profits. The suit and OP 35 of 1974 were jointly tried. In OP 33 of 1974 the Trial Court held that the plaintiff is entitled to the grant of succession certificate.

(2.) As the plaintiff (respondent) died his legal representatives were impleaded as additional respondents 2 to 6.

(3.) Learned counsel for the appellants (defendants) contended that by the judgment in SA 452 of 1979 this Court remanded the case to the lower appellate Court with certain directions and while disposing of the appeals the lower appellate Court did not afford sufficient opportunity to the appellants to adduce necessary evidence. This Court in SA 452 of 1979 directed the lower appellate Court to consider the appeals afresh in accordance with law and observed that the judgment in the Second Appeal should not preclude the defendants (appellants) from relying on any material and / or any evidence available to rebut the presumption under S.112 of the Evidence Act.