BALARAM Vs. STATE OF M P

JUDGEMENT

(1.) THIS appeal is by the plaintiff against the judgment and decree dated 30.1.1997 passed by the 6th Additional District Judge, Ujjain in Civil Appeal No. 31A/1995.

(2.) BRIEFLY stated, material facts leading to this appeal are as under.

(3.) IN the written statement it was admitted that plaintiff was the first wife of Anar Singh. Since no male child was born to them, therefore, as per custom and with the consent of the plaintiff, Anar Singh took Tejubai as his second wife and Omsingh was born out of the said wedlock. It was claimed that suit properties were self acquired properties of Anar Singh and plaintiff had no share in such self acquired properties. It was denied that earlier there was partition between Anar Singh and Omsingh. With theses pleadings parties went to the trial. On consideration of evidence brought on record, trial Court decreed the suit vide its Judgment and decree dated 20.3.1998. The judgment and decree of the trial Court was challenged in First Appeal by Anar Singh and Teju Bai. Omsingh did not prefer any appeal. By the impugned judgment and decree, lower appellate Court dismissed the appeal. Hence this second appeal.