RANGAMMAL Vs. MINOR APPASAMI

JUDGEMENT

(1.) THE defendant is the appellant. The suit is for (1) a declaration that the decree in O. S. No. 344 of 1957 on the file of the District Munsif's Court. Pattukkottai, and the decrees in Appeals awarding 1/6th share to the 1st defendant herein are not binding on the plaintiff. (2) for a declaration, that the first defendant herein is entitled only to 1/12th share in the suit properties and (3) for a permanent injunction restraining the first defendant from taking further proceedings in pursuance of the decree passed in O. S. No. 344 of 1957 on the file of the District munsif's Court, Pattukottai. One Appasami had two sons Ramasami and veeraswami. On the death of Appasami, his 1/3rd share in the joint family properties devolved on his widow Nagammal and the said two sons Ramaswami and Veerasami. Veerasami died leaving defendants 1 and 2 his widows and adopted on 27-4-1956 prior to his death. The plaintiff as such adopted a son of veerasami became entitled to a half share in the 1/3rd share to which Veerasami was entitled. The remaining half share devolved on his widows defendants 1 and 2.

(2.) THE case of the plaintiff is that he is entitled to 2/12th share, defendants 1 and 2 to 1/12th share each, the defendant namely Ramasami is entitled to 1/3rd and nagammal entitled to the other 1/3rd share. The first defendant, one of the widows of Veerasami filed O. S. No. 344 of 1957 in the District Munsif's Court. Pattukkottai claiming that she is entitled to 1/6th share and for partition and separate possession of 1/6th share. The third defendant Ramasami, in this Suit, was the first defendant in that suit. The plaintiff herein was the second defendant and the second defendant herein was the third defendant. Nagammal was impleaded as a fourth defendant in that suit. The plaintiff in O. S. No. 344 of 1957 obtained a decree for partition and separate possession of her 1/6th share and the decree was confirmed in appeal.

(3.) THE case of the plaintiff in this suit is that the decree passed in O. S. No. 344 of 1957 is not binding on him as he was not represented at all by any guardian ad item in the said suit. No one was appointed as guardian ad litem as the court did not pass any order appointing the third defendant herein or any one else as the guardian. The plaintiff contended that he was not represented at all in that suit and he has filed the present suit for the reliefs mentioned above.