B PREMA Vs. VALARMATHI

JUDGEMENT

(1.) This second appeal arises out of judgment in A.S. No. 148 of 2005 dated 25.8.2006 reversing judgment of the trial Court and holding that defendants 3 and 4 are also legal heirs of deceased Balasundaram along with plaintiffs. Plaintiffs who are daughters of deceased Balasundaram through his first wife Malliga are the Appellants.

(2.) Being aggrieved by findings of lower Appellate Court that 1st defendant Valarmathi is not legally wedded wife of deceased Balasundaram, defendants have preferred Cross-Objection. Since both Appeal and Cross-Objection arise out of same judgment involving common points, both second appeal and Cross-Objection were heard together and shall stand disposed of by this Common judgment. For convenience, parties are referred as per their array in the suit.

(3.) Plaintiffs and defendants are related to deceased Balasundaram as under: <image>Balasundaram [Died] [Died on 07.11.2002] =Malliga [Died on 09.07.1986] = Valarmathi [D1] 1st Wife 2nd Wife ...........J_..........._ I i i f , , [a Revathy Deepa Minor Minor p2] [D2] Prakash Prasanth [03] [D4]</image> Case of plaintiffs is that Balasundaram married Malliga on 2.9.1977 and out of lawful wedlock, plaintiffs were born. Malliga died in 1986 and after death of Malliga, plaintiffs are under care and custody of their father who was employed in Police Department. Due to ill-health, Balasundaram died in Sathyamangalam while he was in service on 7.11.2002. According to plaintiffs, excepting plaintiffs there are no legal heirs for deceased Balasundaram and plaintiffs are entitled for benefits such as Pension and DCRG as legal heirs of Balasundaram. Plaintiffs further averred that deceased Balasundaram never married 1 st defendant and they never lived together as husband and wife and 1st defendant can never become legally wedded wife of Balasundaram and therefore, plaintiffs filed suit declaring them as legal heirs of deceased Balasundaram and that they are entitled to receive all the benefits of their father.