RAJASELVI Vs. MEENATCHI

JUDGEMENT

(1.) Impugning the Judgment and Decree, dated 27.09.2002, passed in on the file of the Sub Court, Periyakulam, the first appeal has been preferred by the plaintiffs.

(2.) The suit in has been laid by the plaintiffs for partition and separate possession of the suit properties.

(3.) The averments contained in the plaint are briefly stated as follows: 3.1. The suit properties originally belonged to Murugapillai alias Rathinam Pillai and he died intestate on 24.11.1976 and when he was alive, he had taken Rajammal as his wife and through her, the plaintiffs were born and all along Rajammal was living with Rathinam Pillai and Rathinam Pillai had two elder sisters, namely, Palaniammal and Sakunthala and at the instance of his sisters, Rathinam Pillai had married Rajeswari, who is the daughter of Sakunthala, as his second wife and through Rajeswari, the defendants 1 to 3 were born to Rathinam Pillai. Rathinam Pillai had shown equal affection to all his daughters and he spent for their eduction and after his death, the second wife Rajeswari had developed contact with one Viputhi Veeramuthuswamy and thereby, she eloped with him and also took away the first defendant along with her and subsequently, the plaintiffs learnt that Rajeswari married Viputhi Veeramuthuswamy and the two other daughters of the deceased Rathinam Pillai, namely, defendants 2 and 3, were under the care and custody of their aunt Palaniammal. Hence, Rajeswari as such is not entitled to any share in her husband's properties on account of her above said conduct and as misunderstandings had arisen between the parties and the plaintiffs finding that it is no longer possible to be in the joint possession of the suit properties and thereby demanded partition and separate possession and inasmuch as the defendants did not come forward to effect amicable partition of the same, according to the plaintiffs, they had been necessitated to lay the suit for partition claiming their 2/5th share in the same. Further, according to the plaintiffs, if the Court for any reason comes to the conclusion that the marriage of Rathinam Pillai with Rajammal is not proved, still she being kept as the exclusive mistress of the deceased Rathinam Pillai, the plaintiffs should be treated as his illegitimate children and thus, would be entitled to 1/4th share in the suit properties.