SUSILA Vs. G RIO MATHUKUMAR

JUDGEMENT

(1.) The first defendant, Susila, W/o., Late.R.Ganesan in O.S.No.130 of 2001 on the file of the Additional District Munsif Court, Tuticorin, is the appellant herein.

(2.) O.S.No.130 of 2001 had been filed by G.Rio Mathukumar, who was a minor at the time of filing of the suit, against the 1st defendant, Susila, against the 2nd defendant, the Regional Manager, Tamil Nadu Civil Supplies Corporation Ltd., Tuticorin, and against the 3rd defendant, the Chairman and Managing Director, Tamil Nadu Civil Supplies Corporation Limited, Chennai, seeking a judgment and decree to declare that the plaintiff is entitled to get 1/2 share in the death benefits of R.Ganesan, as his legal heir and also to pass an order of permanent injunction restraining the first defendant from receiving the plaintiff's 1/2 share in the death benefits of deceased R.Ganesan.

(3.) This suit came up for consideration before the learned Additional District Munsif, Tuticorin, who by judgment and decree dated 29.11.2002 decreed the suit. Challenging that judgment, the first defendant, Susila, filed A.S.No.1 of 2003 before the Subordinate Court, Tuticorin. The learned Subordinate Judge, Tuticorin, by judgment and decree dated 01.04.2004, dismissed the appeal and confirmed the judgment and decree in O.S.No.130 of 2001. Challenging that judgment and decree, the first defendant had filed the present second appeal.