NARAYAN Vs. NETRAM AND ORS.

JUDGEMENT

(1.) The substantial questions of law involved, formulated and to be answered in this second appeal preferred by the appellant/defendant No.l is as under:-

(2.) Plaintiff No.l and plaintiff No. 2 respectively claiming themselves to be son and wife of defendant No.l-Narayan filed a suit for declaration of title, partition and possession stating inter-alia that plaintiff No. 2 is wife of defendant No.l in chudi form and out of that wedlock plaintiff No.l was born, as such, they are entitled for 2/3rd share in the suit property being ancestral property of defendant No.l. It was further pleaded that defendant No.l's legally wedded wife Draupadi Bai after six months of her gowna, left defendant No.l and married with other person in chudi form by taking chhod chhutti after obtaining legal expenses for marriage and thereafter married with plaintiff No. 2 in chudi form and therefore defendant No.l allegedly remarried (third) with Janki Bai, as such, they are entitled for partition and possession.

(3.) Defendant No.l has filed his written statement and denied the averments made in the plaint stating inter-alia that plaintiff No.l is not his son and plaintiff No.2 has married with some other person and further stated that he after taking divorce from Draupadi Bai in chudi form married with Janki Bai and out of his wedlock, Pushpabai, Domar, Dwarika @ Durbasa, Gangabai, Latabai and Omprakash were born and they are living with defendant No.l and as such, the plaintiffs are not entitled for any share in the suit property and the suit is also not maintainable during life time of defendant No.l.