JANAK RAJI DEVI Vs. CHANDRABATI DEVI

JUDGEMENT

(1.) This is an appeal by the defendant No. 1 against an order of remand passed by the lower appellate Court whereby the suit was sent back to the trial Court.

(2.) Title Suit No. 138 of 1984 was instituted by the plaintiff/respondent No. 1 for declaration and permanent injunction alleging that she was the legally married wife of Trebeni Rabidas, who was a railway employee. The marriage was solemnised on 7/06/1969 and after their marriage the plaintiff and her husband used to reside at 52, Bellilious Road, Howrah. The appellant/defendant No. 1 was the sister-in-law (elder brother's wife) of the said Trebeni Rabidas. The husband of the defendant No. 1 died long back and she used to reside at the house of the plaintiff at Howrah. Trebeni Rabidas was a habitual drunker and as such within few days of marriage he was seriously attacked with Tuberculosis. The plaintiff was, also, attacked with Tuberculosis and had to shift to her father's place for treatment. In the said circumstances, the defendant No. 1 took charge of cooking for Trebeni. On 7/10/1983 Trebeni Rabidas was admitted in railway hospital, Liluah and the plaintiff during the said illness of her husband used to look after him, but on 14/11/1983 the defendant No. 1, without giving any information to the plaintiff, took Trebeni Rabidas at their native village at Gorakhpur. On 5/12/1983 the said Trebeni Rabidas died leaving this plaintiff as his only heir. The plaintiff claimed that she being the only heir and legal representative of her husband, she was entitled to receive the entire dues from the Railway Administration on account of her husband. In the meantime, however, the defendant No. 1 made a false representation to the Railway Administration and claimed the dues of Trebeni Rabidas as the alleged wife of the said Trebeni Rabidas. The defendant No. 2 was eager to disburse the payments in favour of the defendant No. 1.

(3.) The defendant No. 1 filed a written statement and contested the suit by contending that Ramnath Rabidas, the elder brother of Trebeni Rabidas, was her first husband and he died in 1965 leaving the defendant No. 1 and three children. After the death of her first husband, she remarried Trebeni Rabidas in the year 1966 and gave birth to three children of Trebeni Rabidas. Railway Administration has accepted her claim as the wife of Trebeni Rabidas and disbursed a sum of Rupees 2,755/- (Rupees two thousand seven hundred fifty five) in her favour.