N NACHIAPPAN Vs. UMAYAL ACHI

JUDGEMENT

(1.) A.S.No.1232 of 1988 arises out of the judgment and decree dated 26.2.1988 passed by the learned Subordinate Judge, Devakottai made in O.S.No. 56 of 1981.

(2.) The 1st defendant in the suit is the appellant. The 1st respondent herein is the plaintiff. The plaintiff filed the suit as an indigent person for rendition of accounts, for delivery of possession of the jewels, other valuables and other articles and in default to pay the value of the same and for costs.

(3.) The case of the plaintiff is that the plaintiff was given in marriage to the 1st defendant on 8.5.1964 and he was employed in the Indian Overseas Bank, Cuddalore; that defendants 2 and 3 are his parents; that at the time of marriage the plaintiff's father gave sreedhanam and seermurai the cash of Rs.3600.25, jewels, valuables and articles; that a list of articles was prepared and given to the 1st defendant's father; that sreedhanam and seermurai amounts were deposited by the defendants in the name of plaintiff and 1st defendant in the Indian bank, Karaikudi; that the jewels were kept in the bank locker in one of the Indian Overseas Bank branches at Madras; that the defendants stating that they would invest the sreedhanam and seermurai amount in good inums to earn better interest, got the signature in the fixed deposit voucher issued by the Indian Bank, Karaikudi; that the plaintiff was not informed about the details of the said investment; that the silver and other valuable articles are in the family house of the defendants at A.Muthupattinam and the keys of the rooms are in their possession; that three children were born to the plaintiff and 1st defendant; that the 1st defendant treated her cruelly and abandoned her in or about September 1976; that the plaintiff is living with her parents; that the 1st defendant is illegally living with one Meenal; that the 1st defendant did not even allow the plaintiff to meet her children; that in May 1974, when the plaintiff attended her sister's marriage, the 1st defendant gave the jewels to the plaintiff for wearing under a receipt obtained from her and she returned the jewels to him; that the children are in the custody of the 1st defendant; that the attempts made by the plaintiff's father for the amicable living of the 1st defendant with the plaintiff were in vain; that the plaintiff apprehends that her jewels and other valuables and other articles will be disposed of by the 1st defendant in collusion with defendants 2 and 3, the plaintiff was constrained to file the suit; that the 2nd defendant died pending suit; that defendants 1 and 3 are son and wife of the deceased; that the defendants 4 to 7 are the children of the deceased 2nd defendant; that the plaintiff has no means to pay the court fees, since she is an indigent person. Hence the plaintiff has filed the suit for the reliefs extracted above.