MINOR GOPI Vs. RATHINAM

JUDGEMENT

(1.) THE plaintiff in O.S.No.66 of 1984 on the file of Sub Court, Thirupathur, has preferred the second appeal aggrieved against the judgment and decree passed by the learned Additional District Judge, Vellore, in A.S.No.72 of 1989 dated 13.11.1989 reversing the judgment and decree of the trial court dated 28.2.1989.

(2.) THE case in brief is as follows:- THE minor plaintiff represented by the mother, Shanthi, filed a suit for partition and separate possession of his share in the suit property. THE defendant married one Vimala, and as they have no issues, the defendant married the mother of the plaintiff on 14.12.1980 according to the custom prevailing in the community in Pallikondan Village. Ever since the date, they lived as husband and wife for a period of three years and thereafter, she was driven out of the house and the minor plaintiff was born on 2.11.1983 in the Government Hospital at Ambur. THE defendant has not been paying anything towards the maintenance of the plaintiff and he is entitled to half share in the suit property and the defendant also should be directed to render account. Hence, the suit.

(3.) THE point that arise for consideration are: