NAGAMMAL Vs. KODIYAN

JUDGEMENT

(1.) The plaintiffs in O.S.No.421 of 2004 (O.S.No.76 of 2001 on the file of Subordinate Court, Gobichettipalayam) are the appellants. The suit was laid for partition and separate possession of the plaintiffs' 5/6th share

(2.) The claim of the plaintiffs was that the plaintiffs' mother Muthammal was given in marriage to one Kuppavalayan, who died on 01.08.1983. Out of the said wedlock, the plaintiffs were born. It is further contention of the plaintiffs that the suit properties are ancestral properties of the said Kuppavalayan. The plaintiffs would also aver that the said Kuppavalayan developed illicit intimacy with one Karupayee, who was his brother s wife and out of the said relationship the defendant was born to him. Therefore, the plaintiffs would term the defendant as illegitimate son of the said Kuppavalayan. Contending that on the death of Kuppavalayan the properties devolved on their mother Muthammal, the plaintiffs herein as his daughters and the defendant as illegitimate son in equal shares. On the death of Muthammal in 1992, the plaintiffs became entitled to her share also. Hence, the plaintiffs claimed 5/6th share in the suit properties.

(3.) The suit was resisted by the defendant contending that it was Karupayee, who was the wife of Kuppavalayan, they having got married in or about 1945. The defendant would term Muthaiammal as a concubine of the said Kuppavalayan. The defendant contended that Muthammal was married to one Sadaiyan and plaintiffs were born out of said wed lock. On the above contentions, the defendant sought for dismissal of the suit.