Decided on February 14,1951

Joga Kanta Gogoi Appellant
Rangai Gogai And Another Respondents


Ram Labhaya, J. - (1.)THIS is an appeal from the judgment and decree of the Subordinate Judge, U. A. D., dated 18th February 1950 by which the order of the Munsiff, Sibsagar, dismissing plaintiffs suit for a declaration of title to and possession of the land in suit and for recovery of Rs. 100 as compensation was affirmed.
(2.)THE basis of plaintiffs claim was that he purchased the property from Mt. Kepi. According to the plaintiff, she was the widow of Manpur and she sold the property in suit to him in order to pay off her deceased husband's debts. In other words, plaintiff pleaded legal necessity in justification of the Bale. He further alleged that he got possession from Mt. Kepi but was later on dispossessed by defendant, who had no right or title to the land.
Defendant's case was that he was a nephew of Manpur and was his sole heir and Mt. Kepi was not his legally wedded wife.

(3.)THE learned Munsiff came to the conclusion that Mt. Kepi was never married to Manpur and that she was not his legally wedded wife. He found defendant 1 to be his sole heir. He further found that there was absolutely no evidence on the point that the sale was for any legal necessity. The learned Subordinate Judge agreed with the findings arrived at in the Court below. He accepted the position that continuous cohabitation, conduct of the parties and general repute may raise a presumption in favour of marriage. But, on a consideration of the entire evidence before him, he came to the conclusion that the material available on the record did not justify this presumption. On the other hand, according to him the defence contention that Mt. Kepi was never legally married to Manpur was supported by defence evidence, and his finding was that Mt. Kepi was not a widow capable of inheriting the estate of Manpur. He further found that there was no evidence in support of the allegation that the alienation was for any legal necessity.

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