The 3rd defendant, who was brought on record in the trial court as the legal representative of the 1st defendant, is the appellant in this second appeal. The plaintiff and the 2nd defendant are respectively respondents 1 and 2 herein. The 2nd defendant is the alienee from the 1st defendant under Ex.B-1 sale deed, dated 25. 1971. The plaintiff is one minor Ramalingam alias Munusami, by his next friend and mother Singarammal. According to the plaintiff, the 1st defendant who is his father, married the abovesaid Singarammal in 1966 and the suit property belongs to the family of the 1st defendant and the plaintiff. On that footing the partition relief was claimed.

2. But, the defence to the suit is that Singarammal is not the wife of the 1st defendant and that the 1st defendant had only one wife by name Karuppayi and there was no marriage between the 1st defendant and Singarammal and so, the plaintiff is not the son of the 1st defendant and the suit has to be dismissed.

3. The suit O.S.No.1120 of 1974 has been dismissed, accepting the abovesaid case of the defendants and holding that the alleged marriage between the 1st defendant and Singarammal is not true and the plaintif