GHURAY Vs. MST. ROMALI

JUDGEMENT

(1.) THE following pedigree -table will be of assistance in appreciating the facts involved in this second appeal:

(2.) SULHAR was the first husband of Smt. Romali and had a daughter Smt. Harbhaji from her. Shiban respondent No. 2 is Smt. Harbhaji's husband. About five years after the death of Sulhar, Smt. Romali married his brother Ram Phol and gave birth to his daughter Smt. Kasturi. The land in dispute which is situated in two villages named Johar Khera and Mandkola, as detailed in paragraph 3 of the plaint, came to Smt. Romali as an heir to her second husband Ram Phul.

(3.) THE suit was resisted by Smt. Romali who pleaded that the appellant had renounced the word 40 years earlier, that he had become a faqir and was living in a temple and that consequently he was civilly dead. It was also averred by her that her daughters from her deceased husbands were alive and were preferential heirs and that, therefore, the appellant could not succeed in their presence. She denied that she had remarried the appellant. The suit was said to be time -barred and the allegation the Ganga had not been heard of for more than 7 years was also introverted