S RANGARAJ Vs. R R SUBBAYAN

JUDGEMENT

(1.) THIS first Appeal is by the first-defendant in O.S. No. 267 of 1975 on the file of the Subordinate Judge, Coimbatore. The respondents herein are as follows: The first-respondent is the first-plaintiff; the second-respondent is the second-plaintiff; the third-respondent is the third-defendant and the fourth-respondent is the fourth-defendant. Defendants 2 and 5 in the suit have been given up in the Appeal. The parties shall be referred to by us as per their array in the suit for the sake of convenience. The plaintiffs laid the suit for partition and separate possession, each of the plaintiffs claiming a one-third share and they conceded the remaining one-third share for the first-defendant. The relationship amongst the parties is as follows: The first-plaintiff earlier married the fifth-defendant, she was divorced by a decree of divorce on 23-6-1961 in O.P. No 54 of 1961 on the file of the Subordinate Judge, Coimbatore. During the subsistence of the marriage between the first-plaintiff and the fifth-defendant, She children born to them are the first defendant, the son and the second-defendant, the daughter. The first-plaintiff married the fourth-defendant after the decree for divorce with regard to his marriage with the fifth defendant. The children born out of the wedlock between the first-plaintiff and the fourth defendant are the second-plaintiff, the son and the third-defendant, the daughter.

(2.) IN our view, the real controversy in the suit centers around three moot questions and, in fact, they were the questions argued by the learned counsel appearing for the parties, and they are:

(3.) WHETHER the first-plaintiff blended his professional income from the family lands?