PRABHAKAR MINOR Vs. DHANALAKSHMI AMMAL

JUDGEMENT

(1.) THE appellants filed the suit for declaration of their title to the suit properties and for recovery of possession and also for damages of Rs. 1 lakh. THEir case is that the suit properties were purchased by one Sandanambal, the great grandmother of the appellants in the year 1948. She executed a will on 6. 8. 1964 in favour of her daughter Radha Ammal in respect of 'A' Schedule properties and in respect of'B' Schedule properties Radha ammal was having a life estate under the Will without any power of alienation, but, however, the said Radha Ammal had sold away both'A' and'B' schedule properties as early as 22. 4. 1967 to one Periyathambi Pillai. THE defendant had purchased the properties from the Periyathambi Pillai on 24. 5. 1973. Now the suit has been filed on the ground that in respect of'B' Schedule property the said Radha Ammal has no power of alienation and hence the sale deed executed by her is not binding on the appellants.

(2.) THE appellants filed O. P. No. 34 of 1991 on the file of Sub Court , villupuram, seeking permission to file the suit as an indigent person. THE minors are represented by their fathers. THEy claimed that they are the grandsons of the said Radha Ammal, and they are entitled to the property as per the will of their great grandmother.

(3.) ADMITTEDLY the guardians of the minor plaintiffs owning the properties. Absolutely there is no averment as to either those properties are joint family properties or separate acquisition of the guardians. In case these properties are the joint family properties, the minors will naturally be entitled for a share. Since the appellants have not clearly given the particulars of the assets, they are not entitled for the leave to file the suit as indigent persons. In the absence of full particulars, the bald statement on behalf of the minors, cannot be accepted. There is no ground to interfere with the order of the lower court.