ATMA RAM RAM SARAN Vs. CHAMBELI

JUDGEMENT

(1.) This is a Letters Patent Appeal against the judgment of a learned single Judge of this Court dismissing the plaintiff's second appeal against an appellate decree of the District Judge M. R. Bhatia confirming the decree of the trial Court by whom the suit of the plaintiff was dismissed.

(2.) The land in suit originally belonged to Badaman and Mussammat Kahni. They made a gift of it to Bam Sarup the husband of Mussammat Chameli. Bam Sarup died on 26-6-1931 and on 23-2-1944 Atma Ram brought a suit for possession of the land in dispute alleging that he was entitled to the land as Mussammat Chameli had married one Phul Singh by whom she had a child who was born on the 11th of March 1943. Mussammat Chameli denied the 'karewa' marriage with Phul Singh but admitted that she gave birth to a child alleging that this was the result of a rape committed on her by a person unknown when she was returning from Railway Station to her house. The learned District Judge held that there was illicit connection between Phul Singh and Mussammat Chameli. The question which was raised before the learned District Judge was whether the widow should be divested of her estate because of this unchastity and reliance was placed on question No. 39 of the Customary Law of the Ambala District, the parties being Kambohs of Jagadhri Tahsil of that District. This plea was negatived by the learned District Judge which on appeal to this Court, was confirmed by a learned Judge of this Court.

(3.) In appeal reliance was placed on question No. 39 of the Riwaj-i-Am of the Ambala District which is as follows: