BHARATHA MATHA Vs. R VIJAYA RENGANATHAN

JUDGEMENT

(1.) This appeal has been preferred against the Judgment and Order of the High Court of Judicature at Madras dated 10th July, 2001 allowing the appeal filed by the respondent No. 1 against the judgment and decree of the Ist Appellate Court dated 17.9.1986 affirming the judgment and decree of the Trial Court dated 7.3.1977 in O.S. No. 269/1975 instituted by the predecessor-in-interest of the present appellants for claiming the property in dispute and denying the share to the respondent Nos. 2 to 5 or their predecessor-in-interest.

(2.) The facts and circumstances giving rise to the present case are that the predecessor-in-interest of the present appellants, Peria Mariammal instituted a suit, being O.S. No. 269 of 1975 against the respondents and their predecessor-in- interest claiming the share of her brother Muthu Reddiar, on the ground that he died unmarried and intestate and that Smt. Rengammal, the defendant No. 1 in the suit was a legally wedded wife of one Alagarsami Reddiar, who was still alive, therefore, her claim that she had live-in-relationship with plaintiff's brother Muthu Reddiar and had two children from him, had to be ignored. The defendants/respondents contested the suit denying the marriage between defendant No. 1 and the said Alagarsami Reddiar. The Trial Court decreed the suit vide Judgment and decree dated 7th March, 1977 recording the finding that Rengammal, defendant No. 1 in the suit was wife of Alagarsami Reddiar who was alive at the time of filing the suit. There had been no legal separation between them. Therefore, the question of live-in-relationship of Smt. Rengammal with Muthu Reddiar could not arise.

(3.) Being aggrieved, the defendants therein filed the First Appeal. The respondent No. 1 herein, Vijaya Renganathan, purchased the suit property in 1978 i.e. during the pendency of the First Appeal for a sum of about Rs. 10,000/- and got himself impleaded in the appeal as a party. The First Appeal was dismissed by the Appellate Court vide judgment and decree dated 17th September, 1986. The said purchaser, respondent No. 1, alone filed the Second Appeal under Section 100 of Code of Civil Procedure, 1908 (hereinafter called as 'CPC') before the High Court which has been allowed. Hence, this appeal.