Judgment

A.K. Mathur, J.—This appeal is directed against the judgment of the learned Single Judge of Judicature at Madras whereby the learned Single Judge by his order dated 6th March, 1997 has allowed the Second Appeal No. 773 of 1983 filed by the respondent-1st Defendant herein.

2. Brief facts which are necessary for disposal of this appeal are:

That an Original Suit No. 87/1978 was filed in the Court of the District Munsif, Melur by the plaintiff-appellant (herein).

The schedule properties are the self-acquired properties of late Ramasami Konar and the first defendant was the only son of Ramasami Konar and the plaintiff is the wife of the first defendant. Wife of Ramasami Konar was already divorced and married with some other person and was residing separately. It is alleged that the first defendant in the suit married the plaintiff-appellant and both were residing as husband and wife. On 10th October, 1972 the first defendant murdered his father, Ramasami Konar and was convicted under Section 302 IPC for life imprisonment. The conviction of the first defendant was confirmed by the High Court but the High Court recommended the Government to reduce the sentence to the period already