KAMU ALIAS KAMALA AMMAL Vs. M MUTHAYYA

JUDGEMENT

(1.) Kamu alias Kamala Ammal (Kamu) on her behalf and on behalf of her two minx daughters instituted a suit for partition and possession of 5/8th share in the suit properties. The properties were left by T. M. Meenakshisundaram (Sundaram) who died on June 28, 1967. Kamu claimed to be his second wife and the two minor daughers having been born out of the wed-lock. Muthulakshmi and Muthayya were defendants I and 2 in the suit. Muthulakshmi is the first wife of Sundaram and Muthayya his son from the said wife. Suit was decreed by the trial Court. On appeal by Muthayya the High Court by its judgment dated March 18,1980: (reported in AIR 1981 NOC 172: (1981) 1 Mad LJ 107) reversed the findings of the trial Court and dismissed the suit filed by Kamu and her daughters. This appeal by Kamu and her daughters is against the judgment of the High Court.

(2.) According to Kamu she married Sundaram at a place called Srirangam in accordance with Hindu rites on May 30,1948. First daughter out of the wed-lock was born on January 30, 1957 and the second on May 24, 1963. Sundaram was a Government servant in the Revenue Department and held various important posts including Tehsildar, Deputy Collector and Administrator. On September 24, 1956 Sundararn executed a registered maintenance deed in favour of his first wife wherein it is recorded that Sundaram married Kamu in the year 1948. On March 19, 1965 Sundaram. nominated Kamu and her two daughters as nominees in the Government record for the purpose of family pension wherein he described them as his wife and daughters.

(3.) Muthayya contested the suit. In the written statement filed by him it was averred that Muthulakshmi was the only wife of deceased Sundaram. It was denied that Sundaram married Kamu as his second wife and two daughters were born out of the wedlock. It was also denied that any maintenance deed was executed by Sundararn in favour of Muthulakshmi. It was further denied that Kamu and her daughters were nominated by Sundaram in the Government records for the purpose of family pension. He pleaded that Kamu was living at Perikulam in Madhurai district with her father and she was employed as secondary grade teacher in a school till 1953. Muthulakshmi remained ex parte throughout the proceedings.