M. MADASAMY Vs. M. ANNABACKIYAM

JUDGEMENT

(1.) The plaintiff in the suit is the 1st appellant. The suit was filed seeking declaration of title and injunction. The suit was decreed by the trial Court to the extent of half of the suit property. Aggrieved by the same, the 1st appellant had filed an appeal in A.S.No.199 of 1998 insofar as the portion of the decree dismissing the suit is concerned, and respondents 1 and 3 herein also preferred a cross objection in respect of the decreed portion. The first appellate Court reversed the findings of the trial Court insofar as the relief of permanent injunction is concerned and allowed the cross objection filed by respondents 1 and 3 to that extent. The appeal filed by the 1st appellant was dismissed by confirming the other findings of the trial Court. Insofar as the relief of declaration is concerned, the finding of the trial Court that the 1st appellant was entitled to declaration in respect of half of the suit property was confirmed by the appellate Court. Aggrieved by the same, the 1st appellant is before this Court. Pending second appeal, the 1st appellant died and his legal representatives were brought on record as appellants 2 to 5. Likewise, the legal representatives of the deceased 1st respondent were brought on record as respondents 6 to 8 and the legal representatives of the deceased 2nd respondent were brought on record as respondents 4 and 5.

(2.) 1. According to the 1st appellant/plaintiff, the suit properties were joint family properties of the 1st appellant and his father late Mariappan. The mother of the 1st appellant viz., Deivanai died in the year 1973 and thereafter, a misunderstanding arose between the 1st appellant and his father Mariappan in the year 1984 regarding the common enjoyment of the suit schedule properties. Therefore, the 1st appellant filed a suit against his father for partition in O.S.No.209 of 1984 on the file of the Sub Court, Tuticorin.

(3.) 1. Respondents 1 to 3 herein filed a written statement and claimed that the 1st respondent was the legally wedded second wife of the 1st appellant's father Mariappan and the 3rd respondent Selvamurugan was his son born out of the said wedlock. It was further submitted that the 2nd respondent herein is the son born to the 1st respondent through her first husband and brother of Mariappan viz., Kutralam. It was specifically pleaded by respondents 1 to 3 that after the death of Kutralam, Mariappam married the 1st respondent as his second wife. It was also pleaded that apart from the 3rd respondent, the 1st respondent also got three other daughters through the said Mariappan.