H.N. DEVANI, J.

1. While admitting this second appeal, the Court had formulated the following substantial question of law for determination and consideration:

Whether the defendant had a right of maintenance on the land in dispute?

2. The facts giving rise to the appeal are that the appellant-original plaintiff (hereinafter for the sake of convenience referred to as the plaintiff), who claimed to be the wife of deceased Ranchhodbhai Gopalbhai Patel instituted a suit being Regular Civil Suit No. 257 of 1983 in the Court of the learned Civil Judge (S.D.), Gandhinagar seeking permanent injunction against the respondent-original defendant (hereinafter referred to as the defendant) from in any manner transferring the lands bearing Survey No. 741/1 of Mouje Randheja admeasuring 0 acre 26 gunthas as well as land bearing Survey No. 1373 of Mouje Pethapur admeasuring acre 1 gunthas 26 as well as the property No. 6/131 described as the building situated in Ramji Mandir, Madhwala Vas. It was the case of the plaintiff before the Trial Court that she was the legally wedded wife of deceased Ranchhoddas Gopaldas Patel (hereinafter referred to as Ranchhoddas). Ranchhoddas had initially marr