K CHANDRASEKARA RAO Vs. G MASILAMANI

JUDGEMENT

(1.) The suit has been filed by the plaintiffs 1 to 7 through their power of Attorney Mrs.Lily Arputham for declaration that the plaintiffs are entitled to the suit property and to direct the defendants 5 to 9 to deliver the suit property with mesne profits and costs.

(2.) TOS.No:32 of 2000 has been filed by the petitioners (defendants 1 to 3 in C.S.No.980/99) against the plaintiffs in C.S.No.980 of 1999 for grant of probate of the will said to have been executed by the deceased Ramalakshmi Ammal. Since the defendants 4 to 9 are not parties in TOS.32 of 2000, though evidence was recorded in TOS.NO.32 of 2000, common judgment is delivered in C.S.No.980 of 1999 keeping the plaintiffs 1 to 7 as plaintiffs and the defendants 1 to 9 as defendants.

(3.) In the plaint, the plaintiffs have contended as follows: The suit property belonged to one K.Ramalakshmi Ammal, wife of K.V.Subba Rao. She inherited the suit property from her husband. She was residing in a portion and let out the remaining portions to six persons including one P.Arputhham, the husband of the power agent of the plaintiffs and Narasimhan, the third defendant. Ramalakshmi Ammal was also having number of jewels, silver vessels and brass vessels. She sold one property on 29.8.1986 for Rs.2,75,000/=. The first and third defendants were helping her. K.Jagannatha Rao, an agnate of Ramalakshmi Ammal and his daughter, the 7th plaintiff were also helping her. However, she was completely guided by the defendants 1 to 3. Ramalakshmi Ammal died on 26.12.1986 when she was about 83 years. On the date of death, K.Jagannatha Rao being an agnate performed the funeral rites. He was not having details about her properties. He only knew that she had jewels, silver vessels and brass vessels and bank balances besides the suit property. The defendants 1 to 3 alone were possessed of the details.