(P.P.S. Janarthana Raja, J.)

O.S.A. No.129/2001 is filed against the judgment dated 30.01.2001 made in T.O.S.No.23 of 1999.

2. Second Appeal No.676/2003 is filed against the judgment and decree made in A.S.No.118/2001 dated 14.02.2003 by the VI Additional Judge, City Civil Court, Chennai.

3. In both the appeals, as the points involved and the parties are one and the same, we dispose of the same by a common judgment. For the sake of convenience, the parties are referred to as in the suits.

4. The appellant in both the appeals is the plaintiff in the O.S.No.7032/96 and 5th defendant in TOS.No.23 of 1999. First respondent in OSANo.129/02 is the plaintiff in TOS.No.23/1999. Respondents 2 to 4 in O.S.A.No.129/01 are defendants 1 to 3 in TOS.No.23 of 1999. The fifth respondent in O.S.A 129/02 and the respondent in S.A.No.676/03 is the defendant in OS.No.7032/96 and fourth defendant in TOS.No.23/1999. O.S.A.No.129 of 2001

5. One Krishnaveni Ammal executed a Will at Madras on 110. 1987. She was residing at No.42, Narasier Street, Old Washermenpet, Madras-21. Her husband Ponnusamy died on 15.03.1988. The said Krishnaveni Ammal died intestate on 010. 1988. There is no executor