M MUTHAYYA Vs. KAMU ALIAS KAMALA AMMAL

JUDGEMENT

(1.) THIS appeal has been filed by the second defendant in O.S. No. 89 of 1975 in the Court of the Subordinate Judge of Triuchi. There was one T. M. Meenakshisundaram, who died on 28th June, 1967 in the Government Headquarters Hospital, Coimbator, when he was working there as a Revenue Divisional Officer in Erode. The first plaintiff claimed that she was married to the said Meenakshisundaram as the second wife and that her two daughters plaintiffs 2 and 3 are the children born out of the said wedlock. The first defendant is the first wife of the said Meenakshisundaram and the second defendant is their son. It may be mentioned here that the second defendant is an advocate by profession practising in Tiruchirapalli.

(2.) THE first defendant gave birth to the second defendant in or about 1941, and by about 1943, she became mentally and physically afflicted with the result that there could be no conjugal life between Meenakshisundaram and the first defendant. She went over to her parent's place in Dindigul thereafter.

(3.) ON 24th September, 1956, Meenakshisundaram executed a registered maintenance deed in favour of the first defendant and in that document, it is stated that the marriage between the first plaintiff and him took place on 30th May, 1948. He got certain properties under the will of one Thayyammal. The plaint A Schedule properties were said to have been acquired by Meenakshisundaram out of his earnings and in item 5 of the A Schedule a house was built with his earnings. The B Schedule contains Panic deposits and National Saving Certificates, which are described as the exclusive assets of Meenakshisundaram. The C Schedule contains certain moveable items in which also the plaintiffs claim a share. According to the plaintiffs, they are entitled to 518th share in the properties described in the Schedules A to C.