MIRA DEVI Vs. AMAN KUMARI

JUDGEMENT

(1.) THE suit out of which this first appeal arises was filed by the respondent Smt. Aman Kumari for possession of homefarm lands lying in several villages and for possession of movables. The respondent has also filed an appeal (First Appeal No. 120 of 1958) against the judgment in that case. This judgment governs the disposal of both the appeals.

(2.) IN the erstwhile State of Korea which merged within Madhya Pradesh in 1948, there was a zemindari called 'patna Zemindari'. It was held by one Jagdish Prasad Singh till his death in 1942. The respondent Smt. Aman Kumari is the widow of the said Jagdish Prasad Singh. He bad also left behind a son Gopal Saran Singh who died in 1948. The appellant Smt. Mira Devi claims to be his widow, having married him on 4-7-1941 under the Special Marriage Act, 1872 (III of 1872)--hereinafter referred to as the Act of. 1872. Appellants Vijay Prasad Singh and Lalit Prasad, Singh are sons of Smt. Mira Devi from the deceased Gopal Saran Singh. After the death of Jagdish Prasad Singh, the Zemindari was resumed by the Korea Darbar in 1945, but the home-farm lands in several villages were allowed to be retained by the heirs of the zemindar. The present dispute relates to these homefarm lands and the agricultural houses and other property in those villages.

(3.) THE plaintiffs case was that she and Gopal. Saran Singh, jointly inherited the property left by Jagdish Prasad Singh and after the death of Gopal Saran Singh, she became the sole owner of the property. She pleads that the homefarm lands were cultivated by her till 1949 when after the death of Gopal Saran Singh the defendants came to Patna and ousted her From her house taking possession of all the properties. The plaintiff stated that her husband was a Raj Gond governed by Hindu Law in the matter of succession. She denied that defendant No. 1 Smt. Mira Devi ever married Gopal Saran Singh or that the marriage was valid in law. Accordingly, she claims that the defendants have no right in the property left by Gopal Saran Singh. The validity of the marriage was attacked on the ground that Gopal Saran Singh was below 18 years of age on the date when the alleged marriage is said to have taken place and because such a marriage is not recognized.