RAKAPPA CHETTIAR Vs. CHOCKALINGAM

JUDGEMENT

(1.) THE defendants are the appellants in this second appeal. The decision of the appeal turns on me question whether Kalyani alias Valliammai, mother of the respondents (plaintiffs), was validly married to Krisnnappa Chattiar. The question arises in this way. The first defendant is the legitimate son of Krishnappa Chettiar. The second defendant is the son of the first defendant. After we death of the first defendant's mother, Krishnappa Chattiar, according to the plaintiffs, married kalyani alias Valliammai and the plaintiffs were born of that marriage. The marriage is alleged to nave taken place in 1934 Krisnnappa Chettiar died in 1942. After his death the plaintiffs brought the suit claiming a two-third share in krishnappa Chettiar's properties.

(2.) THE main defence of the defendants was that contained in the paragraph 6 of the written statement and was formulates in these words: "plaintiffs' mother was not married to Krishanppa Chettiar and she was not his second wife. He had casual connection with her and she has Been leading a promiscuous life; neither of the plaintiffs were born of krisnnappa Chettiar. They are the offspring of free intercourse and their paternity cannot be sustained. "

(3.) I he learned Subordinate Judge who tried the sum accepted the plaintiffs' case and held that the factum or marriage was proved and that it was also a valid marriage and accordingly the plaintiffs were entitled to a two third share. This decision was confirmed on appeal by the learned Additional District judge. Hence this further appeal.