V K JOHN Vs. W S SEETHARAM

JUDGEMENT

(1.) THE appellant in O.S.A.No.337 and 338 of 2008 is the plaintiff in C.S.No.423 of 1995 and aggrieved by the order dated 30.9.2008 made in Application No.3317 of 2008 in C.S.No.423 of 1995, wherein the plaint in the above said suit filed by him came to be rejected, he preferred O.S.A.No.3317 of 2008.O.S.A.No.3318 of 2008 is preferred by the appellant/plaintiff in C.S.No.423 of 1995 against the rejection of the plaint in C.S.No.423 of 1995 consequent upon the order dated 30.9.2008 passed in Application No.3317 of 2008 in the said suit. THE facts in brief which are necessary for the disposal of these appeals are as follows:-THE appellant herein filed the above said suit for partition and separate possession of the suit properties. As per the averments made in the amended plaint dated 14.3.1994, the suit properties originally belonged to his paternal grandmother viz., Late Elie John and she was in exclusive possession and enjoyment of the same till her demise on 1.3.1984. THE Late Elie John had left K. John-father of the plaintiff, Appu John - first defendant and Leelie Seetharaman (died) - second defendant as the surviving legal heirs entitled to succeed to the estate and under Indian Succession Act, 1925, and all of them are entitled to 1/3rd share each in respect of suit schedule mentioned properties.

(2.) THE plaintiff further averred that his father viz., K.John died on 20.12.1985 leaving behind the plaintiff as the sole surviving legal heir entitled to succeed to 1/3rd share of his father. THE plaintiff's father and the other defendants were in joint possession and enjoyment of the schedule mentioned properties while the father of the plaintiff was alive. After the demise of plaintiff's father, the plaintiff along with other defendants are in joint possession and enjoyment of the suit schedule mentioned properties.

(3.) THE third defendant viz., Thiru. W.S. Seetheram, sought to implead as the legal representative and legal heir of the deceased second defendant claiming to be her husband and by virtue of the orders passed in Application No.1660 of 2006, got impleaded himself as the third defendant and filed his written statement contending that the second defendant has left a Will dated 22.1.2001 in his favour and therefore, prayed for dismissal of the suit.