IMPORTANT POINT
High Court can interfere in Second Appeal only if the findings recorded by the Courts below are perverse.

ORDER

Dr. B. S. Chauhan, J. —

1.This appeal has been preferred against the Judgment and Order of the High Court of Judicature at Madras dated 10th July, 2001 allowing the appeal filed by the respondent No.1 against the judgment and decree of the Ist Appellate Court dated 17.9.1986 affirming the judgment and decree of the Trial Court dated 7.3.1977 in O.S. No.269/1975 instituted by the predecessor-in-interest of the present appellants for claiming the property in dispute and denying the share to the respondent Nos. 2 to 5 or their predecessor-in-interest.

2.The facts and circumstances giving rise to the present case are that the predecessor-in-interest of the present appellants, Peria Mariammal instituted a suit, being O.S. No. 269 of 1975 against the respondents and their predecessor-in- interest claiming the share of her brother Muthu Reddiar, on the ground that he died unmarried and intestate and that Smt. Rengammal, the defendant No. 1 in the suit was a legally wedded wife of one Alagarsami Reddiar, who was still alive, therefore, her claim that she had live-in-relationship with plaintiff’s brother Muthu Reddiar and had two children from him, had to be ignored. The defendants/respondents contested the suit denying the marriage between defendant No. 1 and the said Alagarsami Reddiar. The Trial Court decreed the suit vide Judgment and decree dated 7th March, 1977 recording the finding that Rengammal, defendant No.1 in the suit was wife of Alagarsami Reddiar who was alive at the time of filing the suit. There had been no legal separation between them. Therefore, the question of live-in-relationship of Smt. Rengammal with Muthu Reddiar could not arise.

3.Being aggrieved, the defendants therein filed the First Appeal. The respondent No. 1 herein, Vijaya Renganathan, purchased the suit property in 1978 i.e. during the pendency of the First Appeal for a sum of about Rs. 10,000/- and got himself impleaded in the appeal as a party. The First Appeal was dismissed by the Appellate Court vide judgment and decree dated 17th September, 1986. The said purchaser, respondent No.1, alone filed the Second Appeal under Section 100 of Code of Civil Procedure, 1908 (hereinafter called as ‘CPC’) before the High Court which has been allowed. Hence, this appeal.

4.Learned counsel for the appellants has submitted that Smt. Rengammal, original defendant No.1 was legally wedded wife of Alagarsami and he was still alive. Therefore, the question of presumption of marriage for having live-in- relationship with Muthu Reddiar could not arise. In such eventuality, Muthu Reddiar could be liable for offence of Adultery under Section 497 of Indian Penal Code, 1860 (hereinafter called as ‘IPC’). More so, even if live-in-relationship is admitted and it is further admitted that the two children were born due to that live-in-relationship, the said children could not inherit the coparcenery property and in absence of any finding recorded by any Court below that the suit land was self-acquired property of Muthu Reddiar, the judgment of the High Court is liable to be set aside. At the most, the respondent No. 1 herein can claim recovery of the sale consideration from his vendors as the possession is still with the present appellants.

5.On the contrary, learned counsel for the respondent No.1 has vehemently opposed the submission of the learned counsel for the appellants, contending that the High Court after re-appreciating the evidence on record came to the conclusion that the factum of marriage of Smt. Rengammal with Alagarsami Reddiar could not be proved by the appellants herein and because of their live-in-relationship, a presumption of marriage between Muthu Reddiar and Smt. Rengammal could be drawn and, therefore, in view of the provisions of Section 16 of the Hindu Marriage Act, 1955 (hereinafter called as, “the Act”), the two children born out of that live-in- relationship were entitled to inherit the property of Muthu Reddiar and thus, the appeal is liable to be di