SUBBAN Vs. NALLAMUTHU AMBALAM(DIED), RENGARAJAN

JUDGEMENT

(1.) The plaintiffs in the suit are the appellants. The suit is for partition and the same was dismissed by the trial Court.Aggrieved by the same, the plaintiffs have filed an appeal in A.S.No.82 of 1999 and the findings of the trial Court was confirmed by the first appellate Court. Aggrieved by the findings of the first appellate Court, the plaintiffs have filed the present Second appeal before this Court.

(2.) According to the appellants, the suit properties are ancestral properties of the first respondent-Nallamuthu Ambalam. It was claimed by the appellants that they are the sons of the first respondent through his first wife namely, Periyammal. The other respondents are the children of the first respondent through his second wife, namely, Kannammal. On these pleadings, the appellants claim 1/5th share in the suit property and laid a suit for partition.

(3.) The respondents have filed a written statement denying the legal status of the appellants as his son and that of their mother Periyammal as the legally wedded wife of the first respondent. It was the case of the respondents that the mother of the appellants namely, Periyammal was given in marriage to one Azhagan of Manamettupatti and the appellants are the sons of the said Azhagan. It was further averred that after the death of the said Azhagan, on account of the close relationship namely, sister of the first respondent's wife Kannammal, Periyammal was allowed to live along with the family of the first respondent. It was also claimed that the first respondent also helped Periyammal to maintain her children on humanitarian considerations.Therefore,the respondents have prayed for dismissal of the suit.