J U D G M E N T

The plaintiffs in O.S.No.111 of 1991 on the file of the Principal Sub Court, Kollam are the appellants. Suit was filed for declaration of title and recovery of possession. Trial court held that the plaintiffs and defendants are Marumakkathayees governed by Section 17 (ii)(c) of the Hindu Succession Act therefore it follows that it is the defendants 1 to 3 who are the legal heirs of deceased Janaki Amma through her mother are entitled to inherit the schedule items. Suit was dismissed finding that the plaintiffs are not entitled to the reliefs sought for in the plaint.

2. Plaint A schedule school and B schedule movables were originally belonging to the Neelakanda Sasthri who died on 25.5.1984. His wife Janaki Amma inherited the assets left behind by Neelakanda Sasthri. She died on 5.5.1990. The plaintiffs contended that they along with 4th defendant have inherited the plaint schedule items as the legal heirs of deceased Neelakanda ::2::

Sasthri. Defendants 1 to 3 on the other hand contended that they being the brothers of deceased Janaki Amma have inherited plaint A & B schedule properties and by the operation of the provisions of Indian Succession Act the plaintiffs ar