MARGABANDHU Vs. KOTHANDARAMA MANDHIRI AND 0RS

JUDGEMENT

(1.) Plaintiffs 2 and 3 in the suit are the appellants herein. They are the children of the first plaintiff, who is the wife of the first defendant. According to the plaintiffs, the second defendant is the concubine of the first defendant and defendants 3 to 6 are the children through the second defendant. The suit was laid by the mother and her two children for maintenance of the first plaintiff and for partition and separate possession of 2/3rd share belonging to plaintiffs 2 and 3.

(2.) The first defendant resisted the suit contending that the second defendant is not his concubine, but a lawfully wedded wife. Therefore, defendants 3 to 6 are the legitimate heirs of the first defendant along with plaintiffs 2 and 3. Thus, the plaintiffs 2 and 3 will be entitled each to 1/5th share. The claim for maintenance is resisted on the ground of voluntary desertion.

(3.) On these contentions, the trial Court found that the plaintiffs 2 and 3 are entitled to partition and separate, possession of their two-third share in the suit properties. A decree for maintenance was granted to the first plaintiff at the rate of Rs. 30/- per month from the date of actual partition after-the passing of the final decree. The defendants preferred an appeal and the lower appellate. Court modified the decree for partition, fixing the share of the two plaintiffs as one-fifth each. In other respects, the judgment of the trial Court was confirmed. Plaintiffs 2 and 3 have now come forward with this second appeal.