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1999 Supreme(Kar) 532

T.N.VALLINAYAGAM
R. PRAKASH – Appellant
Versus
G. P. MARTHAMMA – Respondent


T. N. VALLINAYAGAM, J.

( 1 ) THIS appeal is preferred by the defendants who challenge the decree for possession granted in favour of the plaintiff apart from declaration of title.

( 2 ) THE case of the plaintiff in brief is that the 2nd defendant is the daughter of plaintiff and 1st defendant is the husband of 2nd defendant. The suit schedule property measuring 30'x 43' was purchased by plaintiff from Sharadamma on 18. 6. 79 under a registered sale deed out of her earnings. Plaintiff is a nurse in government Department. She constructed 3. 5 square feet house on the suit site and since then living there along with her son and second daughter namely 2nd defendant. Her son is a handicapped person having suffered burning injuries and so plaintiff got married to him with another handicapped girl by name Ms. Leeza. First defendant is a resident of the same locality where the suit property is situated and he became friendly with the 2nd defendant during the month of october 1988. In that month defendants came to the plaintiff and expressed them to become husband and wife as they married each other. To the knowledge of plaintiff, they were not married under special Marriage Act. Then plain











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