KASHMIRU Vs. DOUD

JUDGEMENT

(1.) The suit land, which is the bone of contention between the parties, was lastly held by one Smt. Jugni as owner, who died issue-less in the month of February, 1982. She was originally married to one Bantu who died during the life time of Smt. Jugni. The mutation of her inheritance was sanctioned in favour of present appellant defendants Smt. Kashmiru and others who were alleged to be her nearest relations, one of them being sister's son. The present respondent Sh. Doom filed a suit for declaration and possession to the effect that mutation of inheritance sanctioned in favour of present appellants on 16th August, 1982 was wrong, illegal and inoperative qua his rights as he claimed himself to be the husband of deceased Smt. Jugni having married the widow through some customary marriage. On that account the possession of the suit land was also asked for.

(2.) The trial court dismissed the suit while lower appellate Court decreed the same. The suit had been contested by the present appellants taking various legal objections and denying the case of the plaintiff on merit also. The factum of marriage of the deceased with the plaintiff was denied and it was pleaded that in the absence of pleading of the essentials of the custom, the marriage, if any, on that score could not be said to be valid one.

(3.) The parties were put to trial on the following issues by the trial Judge :