ANAR SINGH Vs. BHAGWANTI BAI

JUDGEMENT

(1.) THIS appeal is by the legal representatives of the defendant (since dead) against the concurrent judgment and decree dated 9.11.2001 passed by the 12th Additional District Judge, Indore in Civil Appeal No. 16/1998.

(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 out of the said wedlock, 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 union. 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 any partition between Anar Singh and Omsingh therefore plaintiff was not entitled to any relief in the suit. With theses pleadings parties went to trial.