- (1.) The deceased first respondent in this Appeal filed the suit in O.S.No.111 of 1991, on the file of the Sub Court, Erode, seeking for the relief of declaration that he was the absolute owner of the suit property and for recovery of the suit property from the defendants 1 and 2 and for a direction, directing the defendants 3 to 12 to pay the rent to the plaintiff.
(2.) The Trial Court, in and by its judgment, dated 2.3.1995 decreed the suit in favour of the plaintiff. Aggrieved by the same, the present Appeal was filed by the second defendant.
(3.) The case of the plaintiff, as seen from the plaint, is as follows:- i) The plaintiff-Cheniappa Gounder and one Palaniappan, were brothers and they were the sons of Subbraya Gounder. The said Palaniappan was the younger brother of the plaintiff and he was employed as Office Assistant in the Criminal Court of Periyar District and he died unmarried. Therefore, the plaintiff was the legal representative of his brother Palaniappan. The first defendant-Nallammal, who claimed to be the wife of Palaniappan was actually married to Nachimuthu Gounder and through him, the second defendant was born. Therefore, the defendants 1 and 2 were not entitled to claim any right over the properties of the deceased Palaniappan and the first defendant-Nallammal worked only as a servant maid in the house of Palaniappan and the second defendant was not born to Palaniappan through the first defendant. Therefore, the defendants 1 and 2 were not the legal heirs of Palaniappan and as they claimed right over the properties of Palaniappan, the suit was filed by the plaintiff, viz., the brother of Palaniappan, for the relief of declaration.;