BABULAL Vs. NATTHIBAI

JUDGEMENT

(1.) This appeal has been filed by the appellants/defendants being aggrieved by the judgment and decree dated 23-7-1997 passed by the 2nd Additional District Judge, Sagar (Camp Khuai), in C.A. No. 11- A/1997, wherein the judgment and decree dated 29-11-1990 passed by the Civil Judge Class-I, Khurai, District Sagar, in C.S.No. 72-A/1986 has been partly set aside and the claim in the suit for partition to the extent of the rights claimed by Bhagwan Singh, respondent No. 2, has been decreed.

(2.) The brief facts leading to the filing of the present appeal are that Babulal, the appellant/defendant No.1 was the joint owner of property situated in Khurai alongwith his brother Damrulal alias Damodar. On the death of Damrulal's first wife he had brought the respondent/plaintiff No.1 Natthibai to live with him. It was alleged in the plaint that out of cohabitation between Damrulal and Natthibai the respondent/plaintiff No. 2, Bhagwan Singh has born. On the basis of the aforesaid relationship between the parties the respondents filed a suit for partition and possession in respect of the property situated in Khurai, as mentioned and identified in the plaint map.

(3.) The said suit was dismissed by the trial Court by order dated 29-11-1990 by holding that plaintiff No. 1 was not married to Damrulal nor was Bhagwan Singh born from their wedlock and, therefore, they had no right to claim partition in the suit property. On an appeal being filed by the respondent/plaintiffs the first appellate Court by the impugned judgment and decree dated 23-7-1997 has decreed the claim, as far as the respondent No.2, Bhagwan Singh is concerned, holding him to be the legitimate child of Damrulal and has granted partition to the extent of half of the property.