SAJU KUMAR Vs. PALAMMAL (DIED)

JUDGEMENT

(1.) The fifth plaintiff in O.S.No.141 of 2009 on the file of the Additional District and Sessions Judge/Fast Track Court, Nagercoil, is the appellant in this first appeal.

(2.) The suit was originally filed by the appellant-s mother, namely, Kanakabai @ Kanakam for recovering a sum of Rs.16,00,000.00 with interest from the defendants. During the pendency of the suit, the appellant-s mother passed away and her sons including the appellant were brought on record. The plaint averments are as under:-

(3.) The parties however could not arrive at a consensus as regards Ezhudesam properties and Villupuram property. The wife-s side felt that they ought to be paid the monetary value in terms of Ex.A.10 dtd. 10/9/2005. Kanakabai @ Kanakam issued Ex.A.11 notice dtd. 27/7/2009. The demand set out in the notice was not complied with by the defendants. She therefore filed O.S.No.141 of 2009. As already mentioned, she passed away shortly thereafter and her sons came on record. The appellant herein examined himself as P.W.1. Shri.Ananthalal at whose instance Ex.A.10 was finalised was examined as P.W.2. One Anantha Pandi was examined as P.W.3. Ex.A.1 to Ex.A.29 were marked. The fourth defendant Pathrose examined himself as D.W.1 and Ex.B.1 to Ex.B.16 were marked. Ex.X.1 to Ex.X.9 were also marked. After a consideration of the evidence on record, the learned trial Judge by judgment and decree dtd. 7/2/2019 dismissed the suit. Aggrieved by the same, one of the plaintiffs filed this appeal.