EXECUTIVE OFFICER KARUMANDISELLIPALAYAM TOWN PANCHAYAT PERUNDURAI Vs. KARUNAL

JUDGEMENT

(1.) The Defendant in the suit has filed this Second Appeal against the Judgement and Decree dated 13.3.2002 passed in AS.No.212/2001 by the learned Principal District Judge, Erode, reversing the Judgement and Decree dated 20.4.2001 passed in OS.No.138/2000 by the learned District Munsif, Perundurai.

(2.) The case of the Plaintiff/Respondent herein is as follows:- The Plaintiff's husband Raman was working as Sweeper under the Defendant Panchayat and he joined duty on 7.5.1964, even before the marriage was solemnised between him and the Plaintiff. Out of the said wedlock, two female children namely Kalamani and Sivagami were born to them and now they are aged about 38 and 33 years respectively and they got married and are living with their husbands. The Plaintiff's husband had lastly attended his duty under the Defendant Panchayat on 28.4.1980 and thereafter, he left the Plaintiff's house, while they were residing at Old Bus Stand Road, Perundurai and his whereabouts were not known either to the Plaintiff or his relatives and friends. The Plaintiff made efforts to trace her husband Raman till this date. Under the Evidence Act, he is deemed to be dead, because no one has seen the Plaintiff's husband till date, though 20 years have lapsed and he did not attend the duty under the Defendant from 29.4.1980. The Plaintiff is entitled to gratuity and other monetary benefits from the Defendant, if his death under the said Act is recorded and hence, the present suit has been filed for declaration of civil death of her husband Raman.

(3.) The case of the Defendant is as follows:- It is not known to the Defendant whether Raman, the husband of the Plaintiff is alive or dead. Unless the Plaintiff produces some evidence to show the demise of her husband, the monetary benefits due to the Defendant cannot be disbursed. Hence, the suit is liable to be dismissed.