SMT. PREMWATI Vs. NARAYAN AND ORS.

JUDGEMENT

(1.) This Second Appeal has been filed by the plaintiff Mohanlal under section 100 of the CPC being aggrieved by the judgment and decree dated 31.08.2001 passed by the 12th Additional District Judge, Gwalior in Civil Appeal No. 24/2001 confirming thereby the judgment and decree dated 24.07.1995 passed by the court of 6th Civil Judge Class II, Gwalior in Civil Suit No. 236A/1994.

(2.) This appeal has been admitted vide order dated 11.02.2009 on the following substantial questions of law:-

(3.) As far as first substantial question of law is concerned, it is admitted by both the parties and is apparent from Ex.P/1 so also from deposition of Ramprasad (D.W.4) and Narayan Singh (D.W.5) that Dhanno Bai was a wedded wife of Parma. Her status vis-a-vis Parma is that of concubine. In fact Dhanno Bai was married with one Shri Chhotelal from whom birth of plaintiff has taken place and thereafter Dhanno Bai left Chhotelal and was living with Parma. There is no evidence to rebut this fact that Dhanno Bai was at the most in live in relationship with Parma, as is apparent from the Ex.P/1 so also the statements given by D.W.4 and D.W.5.