MARGABANDHU Vs. KOTHANDARAMA MANDHIRI

JUDGEMENT

(1.) PLAINTIFFS 2 and 3 in the suit are the appellants in this Second Appeal. They are the children of the 1st plaintiff, who is the wife of the 1st defendant. According to the plaintiffs, the 2nd defendant is the concubine of the 1st defendant and defendants 3 to 6 are the children through the 2nd defendant. The suit was laid by the mother and her two children for maintenance of the 1st plaintiff and for partition and separate possession of the 2/3rd share belonging to plaintiffs 2 and 3.

(2.) THE 1st defendant resisted the suit contending that the 2nd defendant is not his concubine but a lawfully wedded wife and that defendants 3 to 6 are the legitimate heirs of the 1st defendant along with plaintiffs 2 and 3. Thus, plaintiffs 2 and 3 will be entitled each to l/5th share. THE claim for maintenance is resisted on the ground of voluntary desertion.

(3.) WHILE delivering judgment by me on 8.4.1983, it was held that the illegitimate sons would get what the legitimate sons were entitled to. Consequently it was ordered that the father 1st defendant, plaintiffs 2 and 3 and defendants 3 and 4 will each have l/5thshare. As a result, the judgment and decree of the lower appellate Court were confirmed. Thereafter, the appellants herein viz., plaintiffs 2 and 3 filed a review petition in C.M.P. No. 12508 of 1983 to review the judgment dated 8.4.1983. That petition was ordered and the Second Appeal was restored by consent.