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2022 DIGILAW 843 (MAD)

P. Pappayammal v. Chandrika Ayyar (Deceased)

2022-04-06

M.DURAISWAMY, T.V.THAMILSELVI

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JUDGMENT (Prayer: Appeal filed under Clause 15 of the Letters Patent against the order passed in A.No.566 of 2021 in C.S.No.746 of 2012.) M. Duraiswamy, J. 1. Challenging the order passed in A.No.566 of 2016 in C.S.No.746 of 2012, the third party, claiming to be the daughter of Late O.V.Parthasarathy and S.V.Lakshmi Ammal, has filed the above Original Side Appeal. 2. One Dr.Chandrika Ayyar filed the suit in C.S.No.746 of 2012 against the respondents for refund of advance money. The said Chandrika Ayyar also claims to be the daughter of Late O.V.Parthasarathy. In the plaint, the appellant has stated that she is the daughter of Late O.V.Parthasarathy and S.V.Lakshmi Ammal. During the pendency of the suit, the plaintiff, viz., Chandrika Ayyar had passed away. After the death of Chandrika Ayyar, the appellant P.Pappayammal filed an application in A.No.566 of 2016 to get herself impleaded as the lawful Class-1 heir of the deceased Chandrika Ayyar. In the affidavit filed in support of the application, the appellant has stated that the deceased Chandrika Ayyar was born to Late O.V.Parthasarathy and his concubine Kamatchiammal, hence, she has become her step sister and she should be impleaded as Class-1 legal heir of the deceased Chandrika Ayyar. 3. It is pertinent to note that as per the Schedule to the Hindu Succession Act, the list of Class –I & Class –II heirs shall apply to Section 8 of the Hindu Succession Act. Section 8 of the Hindu Succession Act deals with the general rules of succession in the case of males, dying intestate. The deceased Chandrika Ayyar, being a female, the provisions of Sections 15 & 16 shall have application. 4. It is brought to the notice of this Court that the appellant has also filed a Civil Suit in C.S.No.1132 of 2009 to declare herself as the legal heir of O.V.Parthasarathy and S.V.Lakshmi Ammal. 5. The learned counsel for the appellant submitted that the said suit is pending as of today. 6. When the paternity of the appellant itself is in dispute and that a Civil Suit in C.S.No.1132 of 2009 is also pending, the application filed by the appellant seeking to implead herself as the Class-I legal heir of the deceased Chandrika Ayyar was rightly dismissed by the learned Single Judge. According to the appellant, the said Chandrika Ayyar was born to late O.V.Parthasarathy and his second wife. According to the appellant, the said Chandrika Ayyar was born to late O.V.Parthasarathy and his second wife. Unless the Civil Suit in C.S.No.1132 of 2009 is decided in favour of the appellant, that is, unless she is declared as the daughter of Late O.V.Parthasarathy and S.V.Lakshmi Ammal, she cannot be termed as the daughter of Late O.V.Parthasarathy and S.V.Lakshmi Ammal. The legal heirs mentioned in Sections 15 & 16 of the Hindu Succession Act alone are entitled to be impleaded as the legal heirs of the deceased Chandrika Ayyar. 7. In such view of the matter, we are not inclined to entertain the appeal. Accordingly, the Original Side Appeal is dismissed. No costs. Consequently, the connected miscellaneous petition is closed.