ORDER

The appellant, M. Govindaraju, was born to Pappammal from the loins of Munisami Gounder. The trial Court as well as the High Court have neither disputed the paternity nor the maternity of the appellant. He has been denied his share in the joint Hindu family property owned by his father on the sole ground that when begotten no valid marriage subsisted between his parents. The trial Court was in his favour though in giving him legitimacy, but the High Court branded the appellant as an illegitimate child of his parents and, hence, not entitled to claim partition of the joint Hindu family property. The said property consists of about 21 acres of agricultural land in which the appellant claims 1/7th share.

2. Evidence was led by the parties on the issue whether Munisami Gounder had validly married Pappammal. It was not denied by either side that beforehand Pappammal stood married to one Koola Gounder and after living with him for a couple of years, had walked out of his house to live with Munisami Gounder way-back in the year 1942/1943. The evidence of PW 2 led by the plaintiff as to the performance of the spoken of marriage by rites and rituals, or that efforts were made to have th