- (1.) The defendants 1 to 4 in O.S.No.318 of 1988 on the file of the Sub-Court are the appellants. The plaintiffs 1 and 2 are the respondents 1 and 2 herein and the 5th defendant is the 3rd respondent in this appeal. The plaintiffs 1 and 2 / respondents 1 and 2 herein has filed the suit for partition of 7/18 share and the suit was decreed and the preliminary decree was passed. Aggrieved by the same, this appeal is filed by the defendants 1 to 4 / appellants 1 to 4.
(2.) It is seen from the plaint allegation that one Periyasamy had two wives and the 1st wife was Chinnammal and 2nd wife was Janaki, the 2nd defendant in the suit. Through the 1st wife, Periyasamy had a son by name Chandran, who died in the year 1965 and Chandran married the 1st plaintiff and the 2nd plaintiff was his daughter, and Periyasamy died intestate on 02.12.1970 and the defendants 1, 3 to 5 are the children of periyasamy through his 2nd wife Janaki and the suit properties are the ancestral properties in the name of Periyasamy and therefore, the plaintiffs are entitled 7/18 share and filed the suit for partition.
(3.) The appellants/defendants filed a statement admitting that Periyasamy had two wives and through 1st wife, he had a son by name Chandran, who predeceased Periyasamy and through 2nd wife, periyasamy had a son, 1st defendant and daughters, the defendants 3 to 5. Nevertheless, they denied the status of the plaintiffs and contended that Chandran died unmarried, and the 1st plaintiff was not his wife and the 2nd plaintiff was not born through 1st plaintiff and the plaintiffs are not the legal representatives of the deceased and they are not entitled to any share. The trial Court framed the following issues: "1. Whether the 1st plaintiff was the wife of the deceased Chandran 2. Whether the 2nd plaintiff was the daughter of the deceased Chandran 3. Whether Chandran predeceased his father periyasamy 4. Whether Chandran died unmarried 5. Whether item Nos.8 and 10, in the suit properties, are in the possession of the defendants 6. Whether muchalika of panchayat dated 02.11.1975 was true 7. Whether the defendants were having debt of Rs.40,000/- 8. Whether the plaintiffs are entitled to partition and rendition of accounts 9. To what relief the plaintiffs are entitled to ";