LAWS(MPH)-1957-2-10

HARISINGH HIRALAL DANGI Vs. RAMCHANDRA TAKHAT SINGH DANGI

Decided On February 06, 1957
HARISINGH HIRALAL DANGI Appellant
V/S
RAMCHANDRA TAKHAT SINGH DANGI Respondents

JUDGEMENT

(1.) THIS is plaintiff's appeal from the decree dismissing his suit for possession.

(2.) THE property in dispute consists of 2 tenancy holding and a house situate in mauza Padrai, tahsil and district Sagar besides some moveables. It devolved on his death about 15 years back on his widow, Nai Babu, who died on 12th April, 1947. The plaintiff is the sister's son and next heir of Ramlal. The lower appeal court has found that Nai Balm on the demise of her husband, married defendant no. 1. Defendant No. 2, Shymbai, is their minor daughter. The defendants took possession of fee property is dispute on the demise of Nai Bahu. Plaintiff accordingly filed the suit, out of which this appeal arises, for possession as the heir of Ramlal. The suit was decreed by the trial Court but was dismissed in appeal as barred by limitation. Hence this appeal.

(3.) THE plea of custom raised by the defendants regarding re-marriage of widows was negatived by both the Courts below and was not pressed before me. The finding of the first appeal Court regarding remarriage of Nai Bahu with defendant no. 1, was, however, contested. This finding is based on evidence and cannot, therefore, be the subject of challenge in second appeal. It was not contested before me that the remarriage is valid under the Hindu Widows' Remarriage Act, 1856, even though it was Hot based on any custom.