M ASHOK KUMAR Vs. N JANARTHANA

JUDGEMENT

(1.) These second appeals are focussed by D5 and D6, animadverting upon the common judgement and decrees dated 20.10.2011 passed by the District Court No.2, Kanchipuram, in A.S.No.37/2010 and Cross appeal No.5 of 2001, reversing the judgement and decree dated 19.12.2008 passed by the Sub Court, Kanchipuram, in I.A.No.341 of 2007 in O.S.No.261 of 1997 , which was one for declaration and for recovery of possession.

(2.) The parties, for the sake of convenience, are referred to here under according to their litigative status and ranking before the trial Court.

(3.) A re'sume' of facts absolutely necessary for the disposal of this second appeal would run thus: (i)The plaintiffs filed the suit seeking the following reliefs: "a)to declare the plaintiff as sole trustee to Annu Mudaliar's Trust. b)to direct the defendants or such of the defendants who are found to be in possession of the suit property to deliver possession of the suit property to the plaintiff; c)to direct the 1st defendant to render accounts from the date of death of Nataraja Mudaliar till the death of her delivery of possession to the plaintiff; d)to direct the defendants 2 to 12 to pay the damages to the trust from the date of plaint till the date of delivery of possession of the suit property. e)to direct the defendants to pay the costs of the suit to the plaintiff." (extracted as such) citing four items as suit properties, as against the defendants on various grounds.