SURENDRANATH DAS Vs. SACHI DEI

JUDGEMENT

(1.) PLAINTIFF is appellant in a suit for partition.

(2.) SHORT case of plaintiff is that he is son of defendant Nos. 1 and 2 and is accordingly, entitled to a share in the joint family property to be carved out from him. Defendants in different sets filed their written statements. Defendant No. 1 denied his marriage with defendant No. 2 and consequently to be father of plaintiff. Defendant No. 2 supported case of plaintiff as his mother. Defendant No. 4 denied relationship of plaintiff and defendant No. 2 with defendant No. 1. On death of defendant No. 4, his legal representative being substituted, filed another written statement, contesting claim of plaintiff. Other defendants remained ex parte.

(3.) ON the pleadings, trial Court settled an issue relating to relationship of plaintiff with defendant No. 1 which is the main issue on which relief to plaintiff would be based. Since there is no dispute that plaintiff is son of defendant No. 2, marriage of defendant No. 1 with defendant No. 2 would lead to inference of plaintiff being son of defendant No. 1.