RAMALAKSHMI AMMAL Vs. CHELLAPPAN PILLAI

JUDGEMENT

(1.) The plaintiffs in the original suit are the appellants in this second appeal. Praying for the relief of declaration, permanent injunction, recovery of possession and for mesne profits, the original suit was filed. The trial Court decreed the suit and granted the reliefs sought for therein, as against which, the defendants 1 and 3 filed an appeal in A.S. No. 69/1993 before the learned District Judge, Nagercoil, Kanyakumari District. The appellate Court allowed the appeal, reversed the judgment of the trial Court and dismissed the suit in respect of the reliefs sought for in the plaint. The said judgment of the first appellate Court is challenged in this second appeal.

(2.) According to the plaintiffs/appellants, Ramalakshimi Ammal, the first appellant/first plaintiff was given in marriage to one T.K. Velayuthan Pillai on 10.12.1955. Madhu, Sylaja and Jalaja are the three children born to them out of the wedlock. After the birth of their third child in 1960, husband and wife were separated and the marriage was dissolved on 27.07.1962 by mutual consent at the intervention of some of the prominent members of the community in conformity with a custom prevailing in the community, namely Krishnan vakai. Thereafter, the first appellant/first plaintiff was given in marriage to Thangappan Pillain on 08.02.1963 and out of the wedlock, the second appellant/second plaintiff Jeyalakshmi was born to them on 12.01.1964. Thangappan Pillai fell sick in the year 1985 and died on 28.08.1986, leaving behind him, the plaintiffs as his only legal heirs. The suit properties are the properties owned by Thangappan Pillai at the time of his death and thus, the appellants/plaintiffs became the owners of the suit properties as the legal heirs of Thangappan Pillai. The first item of suit properties is in possession and enjoyment of the appellants/plaintiffs. The respondents 1 and 3 herein/defendants 1 and 2 in the suit are the brothers of Thangappan Pillai and the second respondent herein/third defendant in the original suit is a close associate of the first respondent/first defendant. The respondents 1 and 3/defendants 1 and 2, claiming themselves to be the legal heirs of the deceased Thangappan Pillai, started asserting rights over the suit properties and made attempts to take forcible possession of item 1 of the suit properties. The second item of suit properties is a building bearing Door No. 3-61. A portion of the said building had been rented out to one Balakrishnan Nair and the other portion was in the possession of Thangappan Pillai during his life time. After the death of Thangappan Pillai, the first defendant, with the help of other defendants, forcibly evicted the above said tenant Balakrishnan Nair and took possession of the entire building along with the movables. Therefore, the appellants/plaintiffs had to approach the Court by filing the suit for the following reliefs:

(3.) According to the defendants, the first appellant/first plaintiff, Ramalakshmi Ammal is the wife of T.K. Velayuthan Pillai and not the wife of Thangappan Pillai. The marriage was not dissolved as contended by the appellants/plaintiffs. There was no such custom prevailing in the community to have the marriage extra-judicially dissolved as contended by the appellants herein/plaintiffs in the suit. The first appellant/first plaintiff was never given in marriage to Thangappan Pillai and the second appellant/second plaintiff is not the daughter of Thangappan Pillai. In fact, the second appellant/second plaintiff Jeyalakshmi is the daughter of T.K. Velayuthan Pillai. The appellants/plaintiffs are still living with the said T.K. Velayuthan Pillai. Thangappan Pillai died as a bachelor and the first respondent/first defendant, being his brother, alone is entitled to the properties of Thangappan Pillai as his legal heir. A portion of the first item of suit properties was sold to the second respondent/third defendant and he is in possession of the said portion having an extent of 20 cents. The remaining portion of the first item of suit properties is with the first respondent/first defendant. According to the third respondent/second defendant, by virtue of a sale deed executed by Thangappan Pillai, the first item of suit properties belongs to him.