M LAKSHMI DEVI Vs. M LAKSHMI DEVI

JUDGEMENT

(1.) THIS appeal arises from the judgment and decree dated 17-9-1988 passed by Sri M. P. Chinnappa, IV Additional City Civil Judge, Mayo Hall, Bangalore, in O. S. No. 10372 of 1983 whereby the Trial Court had decreed the plaintiffs' suit and held that the plaintiff had been legally wedded wife of the deceased Yellaiah and plaintiffs 1 to 3 are entitled for terminal benefits and other benefits as well as issued decree for mandatory injunction directing the defendant 1 in the suit namely the Commercial Works Engineer, Dickenson Road, who is respondent 4 in the appeal to give effect to all the benefits for which the plaintiffs are entitled according to law.

(2.) PLAINTIFF in the suit claimed to be the legally wedded wife of M. Yellaiah and their marriage took place in the year 1966. Plaintiff-respondent further alleged that plaintiff gave birth to two children namely Saraswathi and Ramesh from the said legal wedlock. Plaintiff alleged that her husband was working as Chowkidar in Garrison Engineers in M. E. S. and he worked in different places namely Bangalore, Secundrabad, Aurangabad, Poona and finally he was working at bangalore. M. Yellaiah died on 16-7-1982. Plaintiffs case is that deceased Yellaiah executed documents in favour of the defendant for the payments of terminal benefits and other benefits in favour of the plaintiff and the address given by him was at 4-60, Kowkoor Village, Bolaram post, Secunderabad-11. Plaintiff claimed that after the death of her husband, she has obtained heirship certificate from the Collector and Additional District Magistrate, Hyderabad. She had written number of letters and called upon the first defendant to settle the terminal benefits, pension etc. Thereafter, the defendant 1 finally wrote a letter dated 28-4-1983 asking her to approach the Court of law for declaration and so suit was filed.

(3.) THE 1st defendant did not file any written statement. 2nd defendant got herself impleaded by filing I. A. II and thereafter she filed her written statement resisting the claim of the plaintiff on the ground that the plaintiff is not the legally wedded wife of deceased Yellaiah and the children were not born from the alleged marriage. Defendant 2 claims herself to be the legally wedded wife of Yellaiah and claimed that she is entitled for all the emoluments and terminal benefits after his death. She also claims to have begotten two children from her marriage with deceased yellaiah. She also denied that Yellaiah executed documents in favour of the plaintiff. She alleges that plaint allegations are false. Though defendant alleges that plaintiff got executed the document by Yellaiah by fraud and mis-representation, she claims herself to be entitled for payment of all the terminal benefits after the death of Yellaiah. She alleges that plaintiffs' suit was not maintainable and liable to be dismissed. Subsequently, Saraswathi and Master Ramesh who are brought on record, also filed written statement.