M M SHANMUGASUNDARAM Vs. BALASUBRAMANIAN

JUDGEMENT

(1.) THE plaintiffs in the trial Court are the appellants and they have filed a suit in O.S. No. 151 of 1986 for declaration of their title in respect of B schedule property which is the southern moity of "A" Schedule, Ramanujamkoodam Street, Poonamallee Village bounded on the North Shanmuga- sundaram house and west by street, with linear measurements of 19 ft. Northsouth and 200 ft. Eastwest, comprised in Survey No. 115/74. THE A schedule property measuring 38" Northsouth and 200 ft. Eastwest. THE said suit is also filed for delivery of possession of B schedule property and for the past mesne profits apart from the claim of future mesne profit.

(2.) THE admitted fact is that the suit property originally belonged to Masilamani mudaliar whose first wife was Meenakshiammal through whom was born the only daughter namely Visalakshi ammal @ Saraswathi who died in the year 1965 and her two sons namely Sabapathy and Murugesan also died in the year 1975 and 1972 respectively and the plaintiffs are the legal heirs of the said Murugesan.

(3.) ACCORDING to the plaintiffs the defendants who are sister's sons and daughter of the second wife of Masilamani Mudaliar namely Saraswathi ammal are not entitled to be in possession of the suit property and therefore, the plaintiffs being the successors of Visalakshi ammal alias Saraswathi who is the remainder holder of the property after the life time of the second wife of Masilamani Mudaliar namely Saraswathi ammal are entitled for declaration and possession.