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1991 Supreme(Mad) 249

NAINAR SUNDARAM, THANIKKACHALAM
Alagammai and Others – Appellant
Versus
V. Rakkammal – Respondent


Appearing Advocates:R. Vedantham Srinivasan, K. R. Thiagarajan, G. Masilamani, A. Sivaji, Advocates.

Judgment :-

NAINAR SUNDARAM, J.

Defendants 1 to 5 in O. S. No. 32 of 1976, on the file of the Subordinate Judge, Sivaganga, are the appellants in this Letters Patent Appeal. The respondent herein is the plaintiff in the suit. The plaintiff filed the suit for a declaration of heirship and recovery of possession on the strength of title. The plaintiff based her claim as follows :

The plaintiff is the daughter of Velu Ambalam and Karuppayee, who were law-fully wedded as husband and wife. The plaintiff was born out of such wedlock on 3-11-1943. The first defendant was a sister's daughter of Velu Ambalam and she was brought into the family for domestic assistance. Velu Ambalam developed sexual contact with the first defendant due to proximity. The first-defendant was not the lawfully wedded wife of Velu Ambalam. Defendants 2 to 5 were born to the first-defendant out of her illegal intimacy with Velu Ambalaml'.' The plaintiff and her another Karuppayee were driven out of the household at the instance of the first-defendant in or about 1950. The plaintiff's mother Karuppayee later married one Subbiah Ambalam of Ariyakudi, who also died. The plaintiff was living in the household of her mater





















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