VELLAMMAL Vs. MINOR RAMALAKSHMI

JUDGEMENT

(1.) Aggrieved over the judgment of the learned District Judge, Tuticorin made in AS No.36 of 1992 wherein the judgment of the trial Court, namely, the Subordinate Judge, Tuticorin, in a suit for partition was affirmed, the defendants 1,6, 7, 9, 10 and 13 to 17 have brought forth this second appeal.

(2.) Minor plaintiff sought for division asking for 1/3rd share in the property of one Kanniahdas alleging that the said Kanniahdas married her mother Subbalakshmi as his second wife; that the said Kanniahdas died on 28.1.1984 leaving behind him his first wife, the first defendant and the plaintiff's mother, the second defendant; that the said Kanniahdass did not make any arrangement regarding the property; that by operation of law, she was entitled to 1/3rd share.

(3.) The suit was resisted by the defendants stating that the alleged marriage between Kanniahdas and the mother of the plaintiff was a false one and the plaintiff was not born to the said Subbalakshmi through Kanniahdas, and hence, she was not entitled to any share by operation of law.