Decided on July 18,1951

Tileswar Ahom Appellant
Khohuli Ahomani Respondents

Referred Judgements :-



Ram Labhaya, J. - (1.)THIS is an appeal from the judgment and decree of the District Judge, U.A.D., by which the order of the Special Subordinate Judge, A.V.D., dismissing plaintiffs' suit was reversed and. it was held that plff. Mt. Khohuli Ahomani was a legitimate daughter of Muhikanta and Mt. Elachi.
(2.)TILESWAR Ahora, the 1st deft. assails the correctness of this decision. Plff. resp. sued for a declaration of his title and recovery of possession of the property in dispute. She also claimed mesne profits. Her case was that Muhikanta, her father, was the owner of this property. He acquired it himself. After his death, she was entitled to inherit it. She stated in her plaint that after her father's death, she applied for mutation and in spite of objections from deft., Tileswar the mutation was attested in her favour. She, however, did not succeed in getting possession of the property. A proceeding under Section 145, Criminal P.C. initiated on her behalf did not succeed. In this proceeding deft. 1 disputed her legitimacy. She, therefore, instituted the suit for a declaration of her title and possession alleging in the plaint specifically that her father was Muhikanta. She was begotten by him from Mt. Elachi, who was his lawfully married wife. She also put forward an alternative case. It was that if she was found to have been begotten from Bundi, mother of deft. If as alleged by deft. 1, even then she was entitled to succeed to the property in preference to deft. 1, under custom.
The suit was resisted. The defence was that though plff. was begotten by Muhikanta, it was not from Mt. Elachi as alleged. She was begotten from Mt. Bundi, mother of deft. 1. She, according to the deft. was a widow when she gave birth to the plff. She was not in wedlock. Muhikanta never became her husband by any lawful marriage. Plff. was the result of an illicit union between Muhikanta and Bundi and therefore not a legitimate daughter of Muhikanta.

(3.)EVEN when setting up the alternative case, plff. did not aver that Bundi was her father's lawfully wedded wife. If therefore, she was begotten from Bundi, she would be an illegitimate daughter of her father.

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