PONNAMMA KALIAMMA Vs. KUMARA PILLAI

JUDGEMENT

(1.) APPELLANT Ponnamma filed the suit O. S. No. 41 of 1962, on the file of the subordinate Judge's Court, Nagarcoil, for partition and separate possession of a half share in the estate of Adhikesavaperumal Pillai on the ground that she is his legally wedded wife. She impleaded Kumara Pillai, the legitimate son of adhikesavaperumal Pillai, through his first wife, as the first defendant in the suit, and he was represented by his guardian Kamalamma, as he was found to be a lunatic. The second defendant Kesava Pillai is the son of Kumara Pillai. The third defendant is the Advocate-receiver appointed to manage the properties of Kumara pillai. The defendants contested the claim of the appellant that she was the legally wedded wife of the deceased Adhikesavaperumal Pillai. On a consideration of the oral and documentary evidence in this case, the learned Subordinate Judge, nagarcoil, has found that the appellant has not proved that she is the legally wedded wife of Adhikesavaperumal Pillai and in the result, dismissed the suit with costs. Hence she has come forward with the present appeal.

(2.) ADHIKESAVAPERUMAL Pillai belonged to Nanjanad Vellala community and he owned extensive properties. He married one Bagavathi, who died only a few months prior to his death. Kumara Pillai, the only son of Adhikesavaperumal Pillai, was 48 years old at the time when the suit was filed. The appellant-plaintiff claims to have married Adhikesavaperumal Pillai, 45 years prior to suit, in 1092 M. E. that is in 1918, when she was 24 years old and Adhikesavaperumal Pillai was 28 years old.

(3.) APPELLANT Ponnamma is a member of the eighth gudi entitled to do service in kudipravarthi in the Suchindram temple. There were 32 families doing kudiparavarthi in Suchindram temple. Admittedly, appellant Ponnamma was employed in Suchindram temple after she was initiated by the usual formal ceremony in her seventh year. She stated that tali was tied round her neck by the brahmin in Vattapalli Madam before Suchindram Thanumoorthy when she was seven years old.