KUMARSWAMI CHETTIAR Vs. VELIBURAMMAL

JUDGEMENT

(1.) First defendant in O.S.No. 306 of 1984 on the file of the District Munsif court at Paramakudi is the appellant. He died after institution of the Second Appeal and the additional appellants have been impleaded as his legal heirs.

(2.) The Plaint property was acquired by one Thulasiammal on 2.11.1959 as evidenced in Ex.A. 1 for a consideration of Rs. 700/-. Ex A. 2 is also another deed in regard to the plaint property which stands in the name of the Thulasiammal. Thulasiammal had five children, The first defendant is one of the sons. The other children are Subramania Chettiar, Thangathayammal, Guruswamy and Vedavalli Thangathayammal and Vedavalli pre-deceased Thulasiammal. Vedavalli had three children who are Vemburammal the first plaintiff, one Murugesan and one Muthulakshmi. The first plaintiff has married Guruswamy Chettiar, who is a son of Thulasiammal.

(3.) It is the case of the first plaintiff that late Thulasiammal executed a registered Will Ex.A.5 dated 9.4.1976. As per the said Will, all the properties which belonged to Thulasiammal were bequethed to the first plaintiff. The first plaintiff had executed mortgages in respect of plaint property and plaintiffs 2 to 5 are impleaded in the suit along with the first plaintiff seeking relief in the plaint. The suit was to declare their right over the plaint property and for consequetial injunction restraining the defendants from interfering with their possession.