ANGAPPA GOUNDER Vs. BHAVANI

JUDGEMENT

(1.) The un-successful third defendant who lost his case before the lower Appellate Court is the appellant herein. The respondents 1 to 4 are the plaintiffs 1 to 4 in the suit and respondents 5 and 6 are the defendants 1 and 2 in the suit. For the sake of convenience, the appellant and the respondents will be hereinafter referred to as per their rank in the suit.

(2.) The plaintiffs filed a suit in O.S.No.1497 of 1995 seeking to direct division of suit 'A' and 'B' schedule properties into five equal shares taking good and bad soil into consideration and allot four such shares to the plaintiffs by appointing an Advocate Commissioner; directing the defendants to put the plaintiffs in possession of their 4/5 share in the suit 'A' and 'B' schedule properties and if the defendants fail to do so, the plaintiffs 4/5 share in the suit 'A' and 'B' schedule properties may be delivered to the plaintiffs through the process of the Court and to order enquiry under Order 20 Rule 12 of C.P.C. for ascertaining the mesne profits payable by the third defendant for the plaintiffs 4/5 shares in the suit 'A' schedule properties from the date of the suit till the date of delivery of possession and to direct the third defendant to pay such mesne profits to the plaintiffs.

(3.) The sum and substance of the plaint averments are as follows: The first defendant married the first plaintiff as per the Hindu Rites and Customs. Thus, the first plaintiff is the legally wedded wife of the first defendant. From the date of marriage, the first defendant and first plaintiff have been living together as husband and wife in the house of the first defendant. Out of the wedlock, the first defendant begot plaintiffs 2 to 4 through the first plaintiff. The first defendant also begot a male child through the first plaintiff and the said male was alive for 5 days and thereafter, died leaving behind his mother as the legal heir according to the Hindu Succession Act, 1956.