M L AROCKIYADASS Vs. LILLY THERESA

JUDGEMENT

(1.) APPEALS filed under Section 96 and Order XLI-A Rule (1) of the Code of Civil Procedure against the decree and judgment dated 27.02.1998 made in O.S. No. 2301 of 1996 on the file of the Second Additional Judge, City Civil Court, Madras. All these appeals arise out of a common judgment dated 27.02.1998 made in O.S. No. 2301 of 1996 on the file of the Second Additional Judge, City Civil Court, Madras.

(2.) THE Plaintiff in O.S. No. 2301 of 1996 is the appellant in A.S. No. 559 of 1999. THE first defendant in that suit is the appellant in A.S. No. 573 of 1999. Since the first defendant died, pending appeal, her legal heirs were brought on record as appellants 2 and 3. Defendants 3 to 7 in the said suit are the appellants in A.S. No. 583 of 1999. THE second defendant is the contesting respondent in all the appeals. Pending appeal, the second defendant died and his legal representatives were brought on record as respondents 10 to 14 in A.S. No. 559 of 1999 respondents 8 to 12 in A.S. No. 573 of 1999 and Respondents 4 to 8 in A.S. No. 583 of 1999.

(3.) ACCORDING to the plaintiff, his mother Susai Mary Ammal died on 18.12.1940 intestate and after her death, her children, both sons and daughters, have been enjoying the property and they were in joint possession of the property. One of the daughters of Susai Mary Ammal,namely Elizabeth died in the year 1968 and their children are the defendants 3 to 7. The said Elizabeth, as head of the family, was managing the property for herself and on behalf of the other heirs of Late. Susai Mary Ammal, collecting rent from the tenants till her death in the year 1968. The Plaintiff contends that as legal heir of Susai Mary Ammal, he is entitled to 1/4 share in the property left by his mother. As all the legal heirs are living away, the second defendant had taken advantage of the same and was in possession of the property after the death of Elizabeth, collected rent from the tenants, appropriated the same for himself without accounting it to other co-sharers of the property.