ARYAN RAM Vs. DULARI W/O RAMCHARAN

JUDGEMENT

(1.) The substantial questions of law involved, formulated and to be answered in the second appeal preferred by the plaintiff are as under:-

(2.) The suit land was originally held by Sukhan. Two plaintiffs-Bhukhal and Somar Sai filed a suit seeking declaration simpliciter that they have become title-holders of the suit land described in Schedule A of the plaint stating inter-alia that plaintiff No.1 is real brother of Sukhan and plaintiff No.2 is his nephew as Sukhan died issueless in the year 1969 and his first wife-Tapeshwari died in the year 1982 and the defendants have no right and title over the suit land.

(3.) Defendant No.1 set up a plea that after death of Tapeshwari, first wife of Sukhan, Sukhan married with defendant No.1 and remained with her and out of their wedlock, Dulari Bai was born, Dulari Bai married with Ramcharan and defendants No.2 to 4 are sons of Dulari Bai, as such, they are title-holders of the suit land. The trial Court after appreciating oral and documentary evidence available on record, by its judgment and decree dated 2.11.83, dismissed the suit holding that after death of Tapeshwari, first wife of Sukhan, Sukhan married with defendant No.1 and Dulari is daughter of Sukhan out of his wedlock with defendant No.1 and Sukhan and Tapeshwari kept Dulari's husband Ramcharan as gharjamai. On appeal being preferred by the plaintiffs, the first appellate Court affirmed the judgment and decree of the trial Court. Questioning legality and validity of the impugned judgment and decree of the first appellate Court, this second appeal under Section 100 of the CPC has been preferred by the appellants/legal representatives of the plaintiff, in which substantial questions of law have been formulated, which have been set out in the opening paragraph of this judgment.