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1979 Supreme(Gau) 2

BAHARUL ISLAM
R. K. Angousana Singh and others – Appellant
Versus
Laisram Ningol Ningthemcha Ongbi Leinambi Devi and others – Respondent


Advocates Appeared:
Ch. Nodiachand Singh, L. Nandakumar Singh

Judgement

JUDGEMENT :-These two appeals arise out of a common judgement passed by the District Judge, Manipur, in two appeals, which again arose out of the same suit. I shall, therefore, dispose of both the appeals by this common judgement.

2. Shri Nodiachand Singh, learned counsel appearing for the appellants in both the appeals, urges before me only one point, which is common in both the appeals. The point urged is that the Courts below committed an error in holding that the marriage between plaintiff No. 1 and Gopalsana Singh was valid when the previous husband, Nipamacha Singh, of plaintiff No. 1 is alive and no divorce has been proved.

3. In order to appreciate the point urged the following material facts only need be stated :

The plaintiffs filed the suit for declaration of their title to a share of the property and for partition. According to them, the suit property originally belonged to one R.K. Chandrahas Singh, who died before 1942 leaving behind 3 sons, defendant No. 1, defendant No. 2 and R.K. Gopalsana Singh, since deceased, and 7 wives. Gopalsana Singh died leaving his widow, plaintiff No. 1 and 3 sons, plaintiffs Nos. 2, 3 and 4. As their title to the suit propert









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