Sanjay K Agrawal, J.

1. The following substantial question of law was framed at the time of admission of appeal:-

"Whether the Learned Lower Appellate Court was justified in law in reversing the decree passed by the Trial Court and dismissing the suit of the plaintiff by holding marriage of defendant No. 1 Rasekeliya Bai with late Aghansai proved in the absence of legally admissible evidence of proof of valid marriage in accordance with law?"

Parties hereinafter will be referred as per their status and ranking shown in the plaint before the trial Court.

2. The suit property was held by Dular Sai. His widow namely Bechni had filed the instant suit for declaration of title and permanent injunction, but during the pendency of suit, she died and her daughter Sanmet was substituted as plaintiff in the suit, as her son Aghan Sai had already died on 3.1.1981. The original plaintiff has filed suit that her son Aghan Sai was impotent and on account of his impotency, his wife left him and thereafter, Aghan Sai did not marry any woman including defendant No. 1 and defendant No. 2 is not the son of Aghan Sai out of his alleged wedlock with defendant No. 1. Mutation was done by the revenu