BIDESHI RAM Vs. NATHUNI RAM

JUDGEMENT

(1.) THIS appeal under clause 10 of the Letters Patent of the High Court is directed against the judgment dated 27.2.91 passed by learned Single Judge of this Court in F.A. No. 325/80 (R), whereby and whereunder the appeal filed by the plaintiffs -respondents has been allowed and the judgment and decree dated 28.3.80 passed by Additional Subordinate Judge II, Daltonganj, Palamau in Partition Suit No. 73/76 has been set aside.

(2.) THE fact of the case lies in a narrow compass.

(3.) ACCORDINGLY Jiwasia was married to one Gopi Ram of Lakhipatra. She went to live with her new husband Gopi but she was immediately divorced as she was pregnant from before. It was further alleged that she was brought back to Murmasi by Gopi Ram and left on her father Sudan Ram. A son was later on born, who was known as Janki Ram. The defendant 'sfurther case is that Ramnandan Kahar was married with one Mst. Neuri but he could have only two daughters through her. He expressed his desire to marry again, on which seniors of the village and Sudan Ram pressed him to marry Jiwasia.