BALAGOPAL Vs. VIJAYAKUMAR

JUDGEMENT

(1.) The plaintiff in O.S. No. 530 of 1985 on the file of the Principal Sub Court, Coimbatore is the deceased appellant. The plaintiff filed a suit for partition of his 5/8th share in the suit properties and the Trial Court granted the decree of 1/6th share in the suit property and aggrieved by the same, this First Appeal is filed. The case of the plaintiff as seen from the plaint was as follows:

(2.) Defendants 1 and 2 filed the statement that defendants 4 to 7 are the tenants in Door No. 15/4 and defendants 1 and 2 are the legitimate children of Ponnaan and Sangarammal and Ponnaan married Sangarammal/the mother of defendants 1 and 2 and the mother of the plaintiff/appellant Chinnammal, divorced Ponnaan and married one Somasundaram and therefore defendants 1 and 2 are the legitimate children of Ponnaan through his legitimate wife Sangarammal and the properties were the self acquired properties of Ponnaan and therefore, the plaintiff was not entitled to the relief prayed for.

(3.) The third defendant filed his statement admitting that he and the plaintiff were the children of Ponnaan and Chinnammal/the eighth defendant, who was the legally wedded wife of Ponnaan and Ponnaan got the properties from his father and as Ponnaan was having illicit relationship with Sangarammal, the legally wedded wife of Ponnaan viz., Chinnammal was living separately and defendants 1 and 2 were not the legitimate children of Ponnaan and the properties were the self acquired properties of Ponnaan and he gifted the properties to the third defendant.