USHA DEVI Vs. SUBBULAKSHMI

JUDGEMENT

(1.) This appeal has been filed by the plaintiff in O.S.No.599 of 1989. The suit in O.S.No.599 of 1989 had been filed by Usha Devi against two defendants, Subbu Lakshmi and Karuppaiah seeking partition of the suit property and for future mesne profits. The suit property for which partition was sought was nanja and punja lands in Alapalacheri Village, Tirumangalam taluk, Madurai district.

(2.) According to the plaintiff, she was the daughter of Ayyachamy through his first wife Pandiammal. They were married in 197 She was born on 23.05.1975. They divorced the marriage through customary divorce in 1978. After that Pandiammal married another man as a husband. The plaintiff was brought up by Ayyachamy. He married for a second time the first defendant Subbulakshmi. The second defendant Karuppaiah was born to Ayyachamy and Subbulakshmi. It was further stated that Ayyachamy died in 1985. Thereafter, the plaintiff was driven out of the parental house by the first defendant. It was stated that the suit properties were self acquired properties of Ayyachamy. Under these circumstances, she filed the suit seeking partition and separate possession of undivided 1/3 share in the suit properties.

(3.) The first defendant filed written statement. She denied the fact that the plaintiff was the daughter of Ayyachamy. She denied that Pandiammal was the first wife of Ayyachamy. She also denied that there was customary divorce between Ayyachamy and Pandiammal in 1978. She further denied that she was the second wife of Ayyachamy. She claimed to be the only wife of Ayyachamy. She further claimed that the second defendant was her son. She further stated that Pandiammal had actually married Subburaman. She claimed that the plaintiff had no right to claim partition in the suit property. She stated that the suit should be dismissed.