This is an application taken out by the first defendant in the suit seeking rejection of the plaint under Order VII, Rule 11, C.P.C.

2. I have heard Mr. T.V. Ramanujun, learned Senior Counsel for the applicant and Mr.V.T.Gopalan, learned Senior Counsel for the respondents/plaintiffs.

3. One Mr. A. Muthiah, purchased a property bearing Door No.10, old No.16, Singaram Street, T.Nagar, Chennai-17, by a sale deed dated 9-11-1933. He died intestate on 24-2-1961 leaving behind him surviving, (1) his wife Mrs.Parvatham Muthiah (2) 2 sons by name M.Gnanasambandam and M.Raja Appar and (3) 2 daughters by name Mrs.Uma Devi and Mrs. Madhuram Lakshman.

4. Mrs. Parvatham Muthiah executed a Will on 8-5-1997 registered as Document No.63/1997, in the office of the Sub-Registrar, T.Nagar, bequeathing the said property in entirety, to her 2 sons M.Gnanasambandam and M.Raja Appar. Mrs.Parvatham subsequently died on 6-12-2003. One of the daughters namely Uma Devi also died on 4-4-2005 leaving behind her surviving, her husband and 2 daughters.

5. After the death of Mrs. Parvatham, a Memorandum of Understanding was allegedly entered into between her 2 sons, her daughter Madhuram Lakshman an