SACHITANAND AND ORS. Vs. TRIVENI BAI AND ORS.

JUDGEMENT

(1.) This appeal was admitted for hearing on the following substantial question of law :-

(2.) The respondent-plaintiff filed a suit seeking declaration of his title in respect of disputed property on the pleadings inter alia that the land in dispute originally belonged to Lala Brijmohan, who was survived by his wife Nanki Bai and Nanki Bai, later on, after the death of Lala Brijmohan, sold the property in favour of Banshdhari Dubey-purchaser, vide registered sale deed dated 12-4-1975, Ex.P-1.

(3.) Learned counsel for the appellant argued that the Courts below have recorded perverse finding that Nanki Bai was legally wedded wife of Lala Brijmohan. It was urged with vehemence that in the absence of any pleading and proof of performance of marriage ceremony according to Hindu rituals between the Lala Brijmohan and Nanki Bai, no presumption of they being husband and wife could be drawn only on the basis of the evidence of co-habitation.