DHANAMMAL Vs. KESAVA REDDIAR

JUDGEMENT

(1.) THIS second appeal has been filed against the judgment and decree, dated 22. 4. 1993, made in A. S. No. 309 of 1990, on the file of the Additional District court, South Arcot District, Cuddalore, reversing the judgment and decree, dated 29. 10. 1990, made in O. S. No. 64 of 1987, on the file of the Subordinate Court, virudachalam.

(2.) THE plaintiffs in the suit, in O. S. No. 64 of 1987, are the appellants in the present second appeal. The defendants in the said suit are the respondents herein. The suit had been filed by the plaintiffs, praying for the relief of declaration of their title, recovery of possession of the suit properties and for mesne profits.

(3.) THE plaintiffs in the suit, who are the appellants in the present second appeal, had stated that the suit schedule properties belonged to one Venkata subba Reddiar, who is the brother of the grand father of the first appellant's husband. During his life time he had executed several Wills, dated 21. 9. 1940, 29. 4. 1942, 29. 1. 1943 and 20. 9. 1968. The last of his Wills was, on 20. 9. 1968, marked as Ex. B-3, bequeathing all his properties in favour of his wife Rajammal, for her life time and after her death to the defendants 1 to 3 and9. His wife rajammal had pre-deceased him, on 18. 1. 1974. Thereafter, on 21. 2. 1974, the said venkata Subba Reddiar had settled a few of his schedule mentioned properties, which are Items 64 and 66 to 70, in favour of the first respondent's sons sankaranarayanan and Baskar, by way of a settlement deed, marked as Exs. A-1 and b-1. Thereafter, the said Venkata Subba Reddiar had died intestate, on 3. 2. 1978, in respect of all other properties. As the second class legal heirs of the deceased Venkata Subba Reddiar, the first appellant's husband is entitled to the suit properties. Hence, the suit, in O. S. No. 64 of 1987, had been filed by the first appellant's husband, Dhandapani Reddiar, who had died, on 4. 7. 1987, during the pendency of the suit. Thereafter, the appellants had been impleaded, as the plaintiffs.