ELIZABETH Vs. KANNIMARIYAL; YESUMONI MARY

JUDGEMENT

(1.) The Defendant, in the original suit, who suffered a preliminary decree for partition before the trial Court (Additional Sub Court, Nagercoil) which decree was confirmed by the lower appellate Court viz., District Court, Kanyakumari, has come forward with the present second appeal.

(2.) Original Suit No. 56 of 2005 was filed by the Respondents herein as Plaintiffs contending that all the suit properties were the properties of Late Packianathan, the husband of the first Respondent herein/first Plaintiff; that the Appellant herein/Defendant and the second Respondent herein/second Plaintiff were the daughters of the said Packianathan; that since the said Packianathan died intestate, the Appellant and the Respondents 1 and 2 became entitled to equal shares in the properties left by Packianathan and that each one of them was entitled to one third share in the said properties. The suit was resisted by the Appellant herein/Defendant contending that though the Appellant herein/Defendant and the second Respondent herein/second Plaintiff were the daughters of the first Respondent/first Plaintiff, the second Respondent/second Plaintiff was not the daughter of Packianathan; that she was born due to the adultery of the first Respondent herein/first Plaintiff with another man; that hence both the Respondents herein/Plaintiffs would not be the legal heirs of deceased Packianathan entitled to succeed to his estate and that the Appellant herein/Defendant, as the sole legal heir of Packianathan, was entitled to succeed to his estates.

(3.) Based on the rival pleadings, the learned Trial Judge framed necessary issues and conducted trial, in which the Respondents 1 and 2, were examined as P. Ws. 1 and 2, whereas the Defendant, besides examining herself as D.W.1, examined one mason as D.W.2. Six documents were marked on the side of the Respondents herein/Plaintiffs as Exs.A1 to A6. Twenty five documents were marked on the side of the Appellant herein/Defendant as Exs.P1 to P25.