BALASUBRAMANIAM Vs. VIJAYA

JUDGEMENT

(1.) THE appellant is the second defendant in the suit in o. S. No. 20 of 1988 on the file of the District Munsif, Namakkal.

(2.) THE respondents 1 to 3/plaintiffs 1 to 3 filed the suit for maintenance against both the 4th respondent/first defendant and the appellant herein/second defendant claiming maintenance with charge over'b' schedule property. THE first defendant, husband of the first plaintiff and father of plaintiff 2 to 3, resisted the suit by filing a separate written statement and contended inter alia that the suit'b'schedule property was sold in favour of the second defendant to discharge his pressing liability. THE second defendant has also filed a separate written statement contending inter alia that he is the purchaser of the suit'b'schedule property for valuable consideration without notice of the claim for maintenance made by the plaintiffs.

(3.) ON the above pleadings, the following issues were framed by the trial Court:- (i) Whether the second defendant is a bona fide purchaser for value without notice of the plaintiffs'claim for maintenance. (ii) Whether the first defendant treated the first plaintiff cruelly and drove away and deserted the plaintiffs as alleged in the plaint" (iii) Whether the first defendant has married the second wife as claimed in the plaint" (iv) Whether the plaintiffs are entitled to the maintenance as prayed for and if so, to what amount the plaintiffs are entitled to" (v) To what relief the plaintiffs are entitled to"