SITABAI SADASHEO Vs. VITHABAI NAMDEO

JUDGEMENT

(1.) THIS is a second appeal by a plaintiff whose suit was dismissed by the lower appellate Court. The trial Court had granted the plaintiff a decree for possession of the suit properties.

(2.) THE plaintiff sued the defendants alleging that she (the plaintiff) was the wife of Sadasheo and she claimed possession of the suit property as belonging to her late husband. There was no dispute as to the other allegations in the plaint, but the defendants had denied that she was the wife of Sadasheo and they put the plaintiff to the proof of the marriage.

(3.) NOW, both the Courts below came to a finding that the plaintiff was the legally married wife of Sadasheo and that the marriage took place about 3 1/2 years before the date of the suit, But, notwithstanding that finding the lower appellate Court held that the marriage was invalid in law.