LAWS(MAD)-2011-2-29

RAJAKANI Vs. SUMATHI

Decided On February 15, 2011
TMT.RAJAKANI Appellant
V/S
SUMATHI Respondents

JUDGEMENT

(1.) THE Plaintiffs in O.S.No.67 of 2004, on the file of the learned District Munsif, Uthamapalayam are the appellants in Second Appeal No.63 of 2011. THE defendants therein are the respondents in the second appeal, namely S.A.No.63 of 2011. THE appellants in S.A.No.63 of 2011 filed the above said original suit O.S.No.67 of 2004, on the file of the learned District Munsif, Uthamapalayam for the reliefs of declaration that the appellants in S.A.No.63 of 2004 and the second respondent in the said second appeal,namely minor R.Gowtham alone were the legal heirs of deceased Ponniah.

(2.) THE respondents 1 and 2, namely Sumathi and minor Gowtham had filed another suit on the file of the very same court as O.S.No.89 of 2004 arraying Rajakani, the first plaintiff in O.S.No.67 of 2004 and one Petchiammal as defendants 1 and 5, besides arraying the officials as defendants 2 to 4 praying for a declaration that Sumathi and minor Gowtham and Petchiammal alone were the legal heirs of the deceased Ponniah and for a consequential direction to pay the terminal-cum-death benefits of Ponniah to Sumathi, minor Gowtham and Petchiammal.

(3.) QUESTIONING the correctness of the decrees passed by the lower appellate court, second appeal No.63 of 2011 has been filed by Tmt.Rajakani, minor Manojkumar and Petchiammal, who figured as plaintiffs in O.S.No.67 of 2004 and Tmt. Rajakani alone preferred an appeal in S.A.No.64 of 2011.