POUNAMBAL Vs. KANNAMMAL

JUDGEMENT

(1.) This Second Appeal has been preferred against the judgement and decree dtd. 24/8/2009 passed in A.S.No.3 of 2009 by the learned Principal Subordinate Judge, Salem.

(2.) The Appellants are the defendants 7 to 11. For the sake of convenience, during this discussion the Appellants and the respondents are referred in the same order in which they were denoted in the suit.

(3.) The avernments of the parties in brief: The 1st plaintiff is the mother of the 2nd plaintiff. The 1st plaintiff got married to late Palani, who was working as a Gangman under the control of defendants 1 to 6 in the Railway Department. The 7th defendant is the second wife of the deceased Palani. The defendants 8 to 11 are the children born through the 7th defendant to the said Palani. When Palani was alive, he deserted the 1st plaintiff and subsequently, the plaintiff filed the petition before the learned Judicial Magistrate No.6 for claiming maintenance from Palani. When the proceedings were pending, Palani died in harness on 2/1/2007. After his demise, the 7th defendant attempted to get all his service benefits along with the defendants 8 to 11. Despite the 1st and 2nd plaintiffs are the legal heirs of the deceased Palani, the 12th defendant Tahsildar, Valapady, refused to issue legal heirs certificate. The defendants 7 to 12 are making false claim by alleging that 7th defendant is the legally wedded first wife of the deceased Palani.