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1973 Supreme(Mad) 553

P.R.GOKULAKRISHNAN
A. S. Muthiah and others – Appellant
Versus
Peter Nadar and others – Respondent


Advocates:
R. Srinivasan, for Appellants.
P. Ananthakrishnan Nair, for Respondents.

JUDGMENT.-The legal representatives of the first plaintiff and plaintiffs 2 to 4 are the appellants. The suit was for a declaration of title and recovery of possession of the plaint schedule properties.

2. The suit properties originally belonged to one Srinivasagam Pillai, He died in, 1909 leaving a registered Will, dated 12th January, 1909. This Will was probated in O.P. No. 291 of 1909, on the file of the District Court, Tirunelveli. As per the Will the suit properties should be enjoyed by the testator’s daughter Kothai Grace Devadoss Ammal and on her death they should be taken by her children, plaintiffs 1 to 4 being her sons and plaintiffs 5 and 6 being her daughters. Appellants 4 to 6 are the legal representatives of the first plaintiff who died during the pendency of the first appeal. During the life-time of Kothai Grace Devadoss Ammal she made several alienations in respect of the suit properties and ultimately the properties comprised in the eight schedules appended to the plaint came into the hands of defendants 1 to 8. In December 1962, Kothai Grace Devadoss Ammal died and the plaintiffs in the suit, as the children of Kothai Devadoss Ammal, claimed interest in the suit pr

























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