MUSSADI Vs. CHANDO

JUDGEMENT

(1.) In this second appeal by a plaintiff, arising out of a suit for declaration that Mt. Chando, respondent No. 1, had no right to sue for partition of her deceased husband Malagar's share, the only points that arise for determination are: (a) Whether Mt. Chando remarried Tulsi after the death of Malagar and (b) if so, whether she could claim partition of the share of her previous husband, Malagar.

(2.) In the grounds of appeal to this Court, various other pleas were taken. On the 5th instant, however, learned counsel for the appellant made a statement giving up grounds of appeal Nos. 1, 3 and 4.

(3.) After hearing the arguments of the learned: counsel for the parties, I have come to the conclusion, for reasons to be stated shortly, that this appeal should succeed.