P.JAYACHANDRAN Vs. A.YESURANTHINAM

JUDGEMENT

(1.) The defeated defendants is the Appellant herein. For the sake of convenience, the parties are referred as per their litigative status before the Trial Court.

(2.) (a). The first Respondent herein is the Plaintiff in O.S.No.33 of 2013. He filed a suit for declaration of title of the Plaintiff over the suit property and for directing the Defendant to deliver possession of the suit property and restrained the Defendant from alienating the suit property.

(3.) The Defendant filed written statement contending that Jayachandran and Margarette Arulmozhi were lived as husband and wife and based upon their relationship Arulmozhi nominated him for the special provident fund cum gratuity and for family pension with school authorities. The certified copies of provident fund and other things have been filed before the Trial Court as Ex.B.17 to Ex.B.21. Based upon the same, on her death, the pension has been given to the Defendant, as per the proceedings of the Assistant Elementary Education Officer, Nemili under Ex.B.24 thereby their relationship was recognized as husband and wife and prayed for dismissal of the suit.