RAMASAMY GOUNDER Vs. CHINNAPILLAI

JUDGEMENT

(1.) The defendant in the suit was the appellant in this Second Appeal. On his demise, his second wife and two children born through her have been substituted as appellants.

(2.) The respondent/ plaintiff filed the suit seeking for the relief of partition and for allotment of half share in the suit properties. She died during the pendency of this Second Appeal and her daughters born through the appellant have been impleaded as the legal representatives of the deceased respondent.

(3.) The case of the plaintiff was that she was the legally wedded wife of the defendant and out of the said wedlock, one son and two daughters were born. The son named Annadurai alias Mathiazhagan predeceased them. The further case of the plaintiff was that the suit properties are ancestral properties in which the defendant and the predeceased son were entitled for half share. It is further alleged that the defendant left the plaintiff and her daughters in lurch and started living with one Muthammal and two children were also born to the defendant through the said Muthammal. The daughters of the plaintiff born through the defendant got married and are living in their respective matrimonial homes.