B.Bhattacharya, J. - (1.) This appeal is by the plaintiffs who were successful in the trial court but the decree they obtained was set aside in the appeal taken by the contesting defendants in the lower court.
(2.) In this second appeal the main question which arises for determination is whether Lalit, one of the defendants, is the legitimate son born of the wedlock between Dhirmohan, the father of the plaintiffs and Parulbala, the mother of Lalit who is also the defendant in this case.
(3.) The suit was filed by the plaintiffs on certain allegations. It is stated that the plaintiffs' father Dhirmohan Das Bhowmick was a man having considerable properties. One Rohini Kanta Das, the husband of the defendant No. 3 Parulbala Dasi, was a Kabiraj and he used to come from East Pakistan and stay occasionally at the house of the plaintiffs' father before the partition of India. After the partition, Rohini Kanta finally migrated with his family and took shelter in the outer house of the plaintiffs' father in 1356 B. S. Thereafter in 1359 B. S. Parulbala drove out Rohini Kanta. Rohini Kanta left the place and never came back. Parulbala was a woman of loose morals and the plaintiffs' father drove her out and she took shelter in the Akhara of some Bairagis where she gave birth to an illegitimate child who is the defendant No. 2 Lalit. According to the allegations of the plaintiffs, Parulbala used to mix with persons of bad character and as a result of that association Lalit was born. It has been further alleged that Parulbala after the death of the plaintiffs' father, without the knowledge of the plaintiffs, got mutations in the department of the Revenue Officer in favour of herself and the defendant No. 2, her son, alleging that she was the lawful widow of Dhirmohan and that Lalit was his son. According to the plaintiffs, Dhirmohan had no connection with Parulbala and Lalit was not his son. On these main allegations the plaintiffs wanted to have a declaration of their title to some of the properties which have been recorded in the name of Parulbala and Lalit,;