UDERAM BALLI HALBA Vs. THAGGU

JUDGEMENT

(1.) THIS is a defendant's appeal from a decree for partition and possession of certain immovable property.

(2.) THE plaintiff-respondent claimed to be one of the sons of Balli Halba while admittedly the appellant is a son of that person. The respondent's mother is Mt. Manbhauti and, according to him, she was Balli's mistress at the time he was conceived and even when be was born. After his birth a panchayat was held and she-was married in churi form to Balli. Further, according to the respondent, he was acknowledged as the son of Balli and therefore he claimed the status of a legitimate son and sued for halt share in Balli's property.

(3.) THE lower Courts held that Mt. Manbhauti was the mistress of Balli till his death and that the two never got married. On these findings the respondent has been given a decree for 1/4 of Balli's property.