JUDGMENT.- The plaintiff in O.S.No.2703 of 1969 on the file of the City Civil Court, Madras, is the appellant herein, Most of the facts are not in controversy. One Mr. Srinivasa Rao was an insurance agent who died issueless on 8th June, 1966. The second respondent herein is his widow. The appellant and the third and fourth respondents are said to be his brothers, and the fifth respondent is said to be his sister. At the time of his death, his mother, by name Uma Bai also survivea, but she died on 29th June, 1968."The said Srinivasa Rao had married the second respondent herein under the Special Marriage Act, and, accordingly under section 33 (b) of the Indian Succession Act, on the death of the sai Srinivasa Rao, the second respondent herein being his widow would be entitled to a half share, and the appellant and respondents 3 to 5 would be entitled to the remaining half share in the estate of Srinivasa Rao. It is averred in the plaint that after the death of Srinivasa Rao the second respondent took charge of the estate and that despite several requests she had not given the shares due to the appellant and respondents 3 to 5. The case of the appellant in the plaint was that, with re

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