NARAYANAN Vs. PONNAMMAL

JUDGEMENT

(1.) Defendants 2 to 4 in O.S.No.38/87 on the file of the learned District Munsif, Manapparai, are the appellants in the second appeal. The first respondent herein filed the suit for partition and separate possession of one fourth share in the suit property alleging as follows: The suit property belonged to one Kondappa Naicker. She was his first wife. Defendants 1 to 3 were his sons through his second wife Venkittammal. The fourth defendant was the third defendant's husband. Kondappa Naicker passed away on 21-9-1981 in a road accident. As heirs of Kondappa Naicker, herself and defendants 1 to 3 were enjoying the suit property. The fourth defendant had executed a lease deed in respect of the suit property. He had filed a suit in O.S.No.200/86 and obtained an injunction restraining the defendants therein from interfering with his possession and enjoyment. Since defendants 1 to 3 did not concede her demand, the suit came to be filed.

(2.) The first defendant remained exparte. The third defendant filed a written statement and the same was adopted by defendants 2 and 4. Her written statement was to the following effect:

(3.) The plaintiff was not Kondappa Naicker's first wife. His first wife's name was Pichaiammal. Pichaiammal died issueless. Kondappa Naicker therefore married Venkittammal as his second wife and defendants 1 to 3 were born to her. Kondappa Naicker died about 20 years prior to the suit. The plaintiff was not entitled to any share as she was not his first wife. It was false to say that she was also in joint enjoyment of the suit property along with defendants 1 to 3. The fourth defendant was a cultivating tenant, his name having been entered in the Record under Act 10 of 1969. Even conceding that the plaintiff was Kondappa Naicker's wife, she would be entitled to only 1/12th share and not 1/4th share.