S.A. RAMALINGAM Vs. ELUMALAI

JUDGEMENT

(1.) The unsuccessful defendant before the courts below is the appellant herein. The suit is filed by the respondent/plaintiff for declaration of his right, title and interest in respect of and recovery of the suit items 1 to 4, which admittedly belong to one Sampoornammal, who is none other than the step-mother of the plaintiff herein.

(2.) The facts that Sampoornammal, who is the senior wife of Ramasamy Padaiyachi, is the original owner of the property and during the subsistence of the first marriage, Ramasamy Padaiyachi married one Rajammal as his second wife and Rajammal gave birth to the plaintiff through Ramasamy Padaiyachi and her husband Ramasamy Padaiyachi predeceased the senior and junior wives and the senior and junior wives also died thereafter and after their death, the defendant has been in possession and enjoyment of the suit properties, are not seriously denied.

(3.) The dispute in respect of the suit items 1 to 4 arises between the plaintiff/step-son of Sampoornammal and the defendant, who is the son of one of the paternal uncles of Sampoornammal. The plaintiff has come forward with the present suit for declaration of his right, title and interest and recovery of possession by claiming that he is under Section 15(1) of the Hindu Succession Act entitled to succeed to the estate of Sampoornammal as her sole legal heir. As far as the defendant is concerned, he seeks to deny the claim of the plaintiff by denying any marriage between Ramasamy Padaiyachi and the plaintiff's mother Rajammal and the validity of such marriage during the subsistence of the first marriage and by claiming title in himself on the strength of Ex. B49 release deed dated 10.3.1983 executed by Rajammal for herself and on behalf of the minor plaintiff in favour of the defendant in respect of their right in the suit properties.