R PETER P RAYAN Vs. STELLA KANAGARAJ

JUDGEMENT

(1.) The first Defendant in O.S. No. 1/2005 on the file of the I Additional District Judge, Tirunelveli, is the Appellant herein. The said suit was filed by the Respondents 1 and 2 herein against the Appellant and Respondents 3 to 6 in the appeal. The suit was filed for declaration of title in respect of the suit properties and permanent injunction and also for a direction against the Appellant and Respondents 3 to 6 to hand over the lorry bearing Registration No. TN 72 C-7578 and an Ambassador car bearing Registration No. TCT 7085 and also for costs.

(2.) The plaint averments in brief are as follows:

(3.) Initially Peter P. Rayan, in his individual capacity, had been shown to be the first Defendant. Since an objection to the suit had been raised by the Defendants as to its maintainability without impleading "Annai Velankanni Matha Kebi Charitable Trust", which had been made the major beneficiary of the Will, the Plaintiffs subsequently amended the short and long cause titles stating that Peter P. Rayan was sued as the first Defendant in his individual capacity and in the capacity as the Managing Trustee of the said Trust. In the Written Statement filed before such amendment, the first Defendant simply denied the averments made in the plaint and in addition to that made the following averments: