V. Ramasubramanian, J.

1. 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. Ramanujam, 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 dau