ISMAIL J.

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 June 8, 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 survived, but she died on June 29, 1968. The said Srinivasa Rao had married the second respondent herein under the Special Marriages Act, and, accordingly, under section 33(b) of the Indian Succession Act, on the death of the said Srinivasa Rao, the second respondent herein being his widow would be entitled to a half share, and the appellant and respondents Nos. 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 Nos. 3 to 5. The case of the appellant in the pl