KRISHNAMMAL Vs. SARASAM

JUDGEMENT

(1.) The 1st to 5th defendants in O.S.No.93 of 1995 on the file of the Principal District Munsif Court, Nagercoil, are the appellants herein.

(2.) O.S.No.93 of 1995 had been filed by three plaintiffs, Sarasam and her two children, Rathish and Murugesh against, Krishnammal and her four children, Kayalvizhi, Thanumoorthy, Asha and Govindaraj and also against the State Government, represented by the District Collector, Kanyakumari District, the District Educational Officer, Nagercoil and the Headmaster, Government Higher Secondary School, Ramapuram, Thovalai Village, Kanyakumari District. The suit had been filed seeking permanent injunction restraining the 1st to 5th defendants from withdrawing the Retirement Pension, General Provident Fund and Family Pension, Special Pension and Insurance amount which had accrued to the account of Ganapathy, S/o. Dhanukonar and payable owing to his death and for a declaration that the plaintiffs are entitled for a declaration that the nominations made in this regard are not genuine and have been created fraudulently by collusion and for a mandatory injunction directing the 6th to 8th defendants to pay the amount of retirement benefits of family pension referred in the Will, dated 06.11993 to them.

(3.) In the plaint, it had been stated that the first plaintiff, Sarasm was the wife of Late Ganapathy and the 2nd and 3rd plaintiffs, Rathish and Murugesh are their sons. The first defendant, Krishnammal, was also described as a wife of late Ganapathy. The 2nd to 5th defendants were also described as the children of Ganapathy. It had been stated that the first plaintiff was the legally wedded second wife of deceased Ganapathy. The said Ganapathy was working as Teacher in the Government Higher Secondary School, Ramapuram, Thovalai Village, Kanyakumari District at the time of death.