VIMALA SAROJA Vs. PONNIAH (DIED)

JUDGEMENT

(1.) This litigation commenced two decades and two years ago when one Ponniah chose to file a suit in O.S.No.68 of 1996 on the file of the Subordinate Judge's Court, Tirunelveli. 'Subordinate Judge's Court, Tirunelveli', shall hereinafter be referred to as 'Trial Court' for the sake of brevity, convenience and clarity.

(2.) In this suit, defendants 2 to 5 are Ponniahs siblings. Defendant No.1 is one Vimala Saroja. Defendants 6, 7 and 8 are three different Banks.

(3.) Ponniah and Defendants 2 to 5 had a sibling by name Joseph, who died on 16.02.1995. Vimala Saroja, who has been arrayed as Defendant No.1 in this suit, had married Joseph on 10.05.1985. In this suit, it is the case of Ponniah and Defendants 2 to 5 that they are the legal heirs of Joseph and Vimala Sarojas marriage to Joseph on 10.05.1985 is not valid. On this basis, Ponniah and his aforesaid siblings in this suit, sought for a declaration that they are the legal heirs of Late Joseph and also for a declaration of title over certain schedules of properties. Declaration of title over certain properties set out in the schedule to the plaint is predicated on the ground that Ponniah and his aforesaid siblings alone are Josephs legal heirs, as Vimala Sarojas marriage to Joseph on 10.05.1985 is not valid.