PHULI Vs. PALA RAM

JUDGEMENT

(1.) Suit filed by the respondent-plaintiffs has been decreed by the appellate Court reversing the decree of the trial Court. It has been held that the defendants could not claim inheritance to the property of Mokh Ram on the basis of defendant Phulli's marriage with Mokh Ram during the currency of her first marriage.

(2.) Learned Counsel for the appellants has challenged the finding of the appellate Court and submitted that there was a customary divorce and, therefore, second marriage was valid. Nothing has been shown in support of this view. I, therefore, hold that the finding of the appellate Court that marriage of defendant-appellant Phulli was void and she was not entitled to inherit the property of Mokh Ram.

(3.) Learned Counsel for the plaintiff-respondents has made a statement that the appellant Phulli died somewhere in the year 1987 and on account of not bringing on record her legal representatives, the appeal has abated. Learned Counsel for the appellants is not in a position to rebut the above statement. However, since this appeal is being dismissed on merits, no further order on this aspect is required.