S.KANAKAMBUJAM Vs. SANTHIMATHI

JUDGEMENT

(1.) The above Second Appeal arises against the judgment and decree passed in A.S.No.64 of 1999, on the file of the Principal District Court, Thanjavur, confirming the judgment and decree passed in O.S.No.194 of 1993, on the file of the Subordinate Court, Thanjavur.

(2.) The plaintiff is the appellant and the respondents are the defendants in the suit. The plaintiff filed the suit in O.S.No.194 of 1993 for declaration that she is the legally wedded wife and she is entitled for pension and other benefits and for partition and separate possession of the plaintiff's 1/3rd share in the suit properties.

(3.) According to the plaintiff, the suit properties are originally belonged to Late K.Singaram, who died intestate on 03.03.1993 leaving the plaintiff and the defendants 1 to 3 to succeed to his estate. The defendants 1 and 2 are the daughters of Late K.Singaram through his first wife Ammani Ammal, who died in the year 1970. After the death of his first wife, he married the plaintiff on 19.09.1981. At the time of her marriage, the plaintiff was a divorcee. The plaintiff and Singaram had no issues. After the death of Singaram, the defendants insisted that the plaintiff should not claim any right over A schedule property and also leave B schedule property after receiving some amount for her maintenance, for which the plaintiff was not agreeable. The defendants also prevented the plaintiff from getting succession certificate from the Tahsildar, Thanjavur. The defendants also disputed the status of the plaintiff as the wife of Singaram. In these circumstances, the plaintiff has filed the suit.