JUDGMENT :

The fifth plaintiff in O.S.No.141 of 2009 on the file of the Additional District and Sessions Judge/Fast Track Court, Nagercoil, is the appellant in this first appeal.

2. The suit was originally filed by the appellant's mother, namely, Kanakabai @ Kanakam for recovering a sum of Rs.16,00,000/- with interest from the defendants. During the pendency of the suit, the appellant's mother passed away and her sons including the appellant were brought on record. The plaint averments are as under:-

The appellant's sister, namely, Angel Leela Selvi got married to one Lucas in the year 1988. Two daughters, namely, Kumari Angela Vinnarasi and Kumari Ezhilarasi were born. Angel Leela Selvi was employed as a teacher. Lucas was also employed in Government service. The couple purchased four parcels of land in Ezhudesam Village and put up a house on one of the plots. They had also purchased a piece of land in Villupuram. The entire family died in a tragic accident on 29.05.2005. Since the family had left behind movable as well as immovable properties, issue arose as to their division. On account of intervention by some elders, a memorandum of agreement was entered into between both the parties on 10.09.2005. It was also reduced into writing. It must be mentioned here that the husband's side was represented by his mother Palammal and his brothers Kanakam Nadar, Packianathan and Pathrose. The wife side was represented by her mother Kanakabai @ Kanakam and her brothers Dennis Jeyaraj, Jones, Rabi and Saju Kumar(appellant herein). The properties located at Ezhudesam Village have been set out in suit ' A ' schedule, while Villupuram property has been set out in suit ' B ' schedule. Though the couple are said to have acquired one other item in Chennai and the same was also described in the suit ' C ' schedule, it could not be identified. There is also no prayer in respect of the suit ' C ' schedule. It is beyond dispute that the memorandum of agreement dated 10.09.2005(Ex.A.10) covers movable as well as immovable properties of the deceased couple. As per the terms thereof, the properties situated in Ezhudesam Village are to be taken by the husband's side, namely, the defendants herein. Ezhudesam properties were to be valued and the wife's side was to be paid ½ share therein. In other words, the husband's side was to take the property, while the wife's side was to take half of the money value. Since both the parties did not evince any interest in retaining Villupuram property, it was to be sold and the sale proceeds was to be divided into equal shares between the two sides. Likewise the fixed deposits and the other insurance amounts were to be divided equally between them. Based on the said memorandum of agreement, Kanakabai @ Kanakam filed S.O.P.No.23 of 2005 before the Sub Court, Kuzhithurai in respect of the bank deposits and the insurance amounts. Likewise, the husband's side filed S.O.P.No.7 of 2006 before the very same Court for the same relief. It is interesting to note that both the parties swore by Ex.A.10 dated 10.09.2005. Purporting to act in terms thereof, both S.O.Ps. were ordered on 28.11.2006. Even though the sisters of Lucas were not made parties to Ex.A.10, division of the insurance amounts and bank deposits appears to have concluded smoothly and I am clearly of the view that they need not be reopened at this point of time.

3. The parties however could not arrive at a consensus as regards Ezhudesam properties and Villupuram property. The wife's side felt that they ought to be paid the monetary value in terms of Ex.A.10 dated 10.09.2005. Kanakabai @ Kanakam issued Ex.A.11 notice dated 27.07.2009. The demand set out in the notice was not complied with by the defendants. She therefore filed O.S.No.141 of 2009. As already mentioned, she passed away shortly thereafter and her sons came on record. The appellant herein examined himself as P.W.1. Shri.Ananthalal at whose instance Ex.A.10 was finalised was examined as P.W.2. One Anant