PARWATAWWA Vs. CHANNAWWA

JUDGEMENT

(1.) This second appeal concerns the succession to the properties of a certain Siddalingiah who died in the year 1954. His wife Siddavva who survived him died in the year 1956 and the defendant is their daughter.

(2.) The source of this appeal is a suit brought by Channavva the plaintiff, claiming to be he second wife of Siddalingiah. That she was married in the year 1951 to Siddalingiah in the State of Bombay was her case, and, she claimed Siddalingiah's properties as his widow to the exclusion of the defendant. She sought a decree for possession of those properties from the defendant.

(3.) The defendant did not in the courts below admit that the plaintiff was the wife of Siddalingiah, and pleaded that she was only his concubine. But, both the courts below pronounced that there was a marriage between the plaintiff and Siddalingiah. But while the Munsiff who thought that that marriage was invalid dismissed the suit, the District Judge to whom the plaintiff appealed, found that marriage to be a good marriage and gave the plaintiff the decree she wanted.