RADHA DEVI Vs. MAHENDRA PRASAD DALMIA

JUDGEMENT

(1.) CHALLENGE is made to a judgment of the learned Single Judge dismissing a suit in C.S.No.1264 of 1990.

(2.) THE appellants as plaintiffs have laid the action with the following allegations:

(3.) ADVANCING the arguments on behalf of the appellants, the learned Counsel in short would submit that admittedly, the first plaintiff is the wife of the third defendant and the second plaintiff is their adopted son; that in order to prove the fact that there was an oral family arrangement whereby the third defendant relinquished all his interest in the property and he left the family, the first plaintiff wife has been examined; that though the third defendant was examined as D.W.1, his evidence if carefully scrutinized, would indicate that he left the family and was living apart for a longtime; that he would further add that he was actually under the care and maintenance of one Bhagyam with whom, according to the plaintiffs, he was living all along the period; and that this fact has actually been proved; but, the lower Court has not taken into consideration that aspect of the matter.