PORKODIAL ACHI AND ANR. Vs. SUKUMARAN AND ORS.

JUDGEMENT

(1.) One Subbia Chettiar had three sons by name Ramans than Chettiar, Nagappan Chettiar and Annamalai Chettiar The branches of these three sons were known as S.R.M. Family, S.M. Family and S. A. Family. Ramanathan Chettiar of S. RM. Family had four sons, of whom, the last was one, S.R.M. Arunachalam Chettiar. He died in or about the year 1934, leaving behind two sons by name Somasundaram Chettiar and Subbia Chettiar and three daughters, by name Visalakshi Achi, Porkodial Achi and Meenakshi Achi. Subbiah was adopted by one of his senior paternal uncles. Visalakshi Achi died leaving no heirs.

(2.) Somasundaram Chettiar was married to one Valiammal Achi, who died on 21st January 1966. Somasunadaram Chettiar died on 12th April 1966, leaving a registered Will dated 27th May 1961. Porkodial Achi and Meenakshi Achi, the sisters of Somasundaram Chettiar, have filed the suit, out of which these appeals arise, for a declaration that they are the legal heirs of the deceased Somasundaram Chetttiar entitled to inherit his properties and the trusteeship of the family Charity Trust, and that they are entitled to the amount of Rs. 2,758 lying in deposit in the Bank of Karaikudi in the names of the deceased Somasundaram and Subbia Chettiar.

(3.) Defendants 1 to 5 are the sons of the 6th Defendant, Rajalakshmi, through the deceased Somasundaram Chettiar. The 7th Defendant in the suit represented the S.M. Family and Defendants 8 and 9 represented the S.A. Family. Defendants 12, 11 and 10 are the adopted sons, respectively, of the three senior paternal uncles of the deceased Somasundaram Chettiar.