VALLIAMMAL Vs. KAMALAMBAL

JUDGEMENT

(1.) THIS appeal is preferred by plaintiffs in O.S. No. 3116 of 1979 on the file of City Civil Court, Madras. Defendants are the respondents herein.

(2.) THE suit was filed by appellants/plaintiffs (ranking of parties as in suit) for recovery of possession of the suit property and for an injunction restraining the defendants from collecting rents from tenants, and to pay a sum of Rs. 4,200 which had been unauthorisedly collected, that too by first defendant.

(3.) DEFENDANTS took up the stand that the marriage between the first defendant and Raju Mudaliar was performed according to Hindu rites on 7 -5 -1948 (sic) (1949?) at Tiruvanmiyur Temple, and that the said marriage was not void under Madras Act 6 of 1949. First defendants and the plaintiffs and the children born to them were all living together in the same premises at St. Mary's Road for about 8 years, and that the mother of Raju Mudaliar was also alive, and that the house in Narayana Chetty Street was built by him for the benefit of the first defendant and children were born to her. The suit property was purchased three years after the marriage for her benefit. If really the marriage was void, the plaintiffs would not have kept quiet since 1949. Hence the suit is liable to be dismissed.