K M KOKILA Vs. K M RAJABATHER

JUDGEMENT

(1.) THIS is an appeal against the Judgment and lecree passed on the Original Side of this Court in 3. S. No. 407 of 1949, by Subba Rao, J. The first respondent is the plaintiff. He filed a suit for a partition of the properties which he alleged belonged to one Munuswami Pilial who died on 26th March 1940, claiming to be his illegitimate son. The first defendant is the widow of the said Munuswami Pillai. The second and third defendants are his daughters. The fourth defendant was made a party as being in possession of the assets of the deceased. The first defendant, the widow, did not file any written statement. But a common written statement was filed by defendants 2, 3 and 4 in which the main pleas raised were (1) that the plaintiff was not an illegitimate son of the deceased munuswami, entitled to a share of his property on the ground that the plaintiff's mother Manickammal was not in the exclusive keeping of the said Munuswami and (2) that the suit was barred by res judicata because of the dismissal of a prior suit, c. S. No. 39 of 1942, on the Original Side of this Court filed by the plaintiff and others, On these pleadings the following material issues were framed; 1. Is plaintiff son of K. N. Munuswami?

(2.) WAS Manickammal a concubine in the exclusive keeping of munuswami?

(3.) IS the claim not barred by res judicata?