MURUGANA GOUNDER Vs. PRABHU

JUDGEMENT

(1.) The defendants 1 to 3 are the appellants, challenging the decree granted in favour of the plaintiffs in a suit filed for declaration that the second plaintiff is the legally wedded wife of one Velliangiri and the first plaintiff is the son born to the second plaintiff out of their wedlock and for partition of the first item of the suit properties and restraining the defendants from creating any encumbrance over the second item of the suit properties by means of a permanent injunction.

(2.) The case of the plaintiff is as follows :

(3.) Denying the averments in the plaint, the third defendant has filed written statement, which was adopted by the first and second defendants. It is admitted that first and second defendants are the parents of the third and fourth defendants and also the deceased Velliangiri. However, the relationship of the second plaintiff as wife of Velliangiri is denied. It is also admitted that the first item of the suit property are admittedly the joint family property and the second item of the suit property originally belonged to Vadivelappa Gounder and as per the Will, life estate was given to the daughters and thereafter, to their male heirs absolutely. The fact of marriage, as alleged in the plaint, is also denied by the defendants. The defendants have stated that in the plaint, when the date of death of the first husband of the second plaintiff and also the date of marriage of the second plaintiff with Velliangiri is not mentioned, the alleged marriage cannot be true. It is also pointed out that in the School Transfer Certificate, the community is also mentioned wrong and there are certain discrepancies in the date of birth of the first plaintiff. Hence, the defendants sought for dismissal of the suit.