JUDGMENT :

SATYEN VAIDYA, J.

1. By way of this second appeal, appellant has assailed judgment and decree dated 26.11.2008 passed by learned District Judge, Kinnaur, Civil Division at Rampur Bushehr, H.P. in Civil Appeal No. 30 of 2008 whereby the judgment and decree dated 07.06.2008 passed by learned Civil Judge (Sr. Division), Rampur Bushehr, District Shimla in Case No. 15-1 of 2005 was affirmed.

2. Appellant was the plaintiff and respondents were defendants before the learned trial Court. The parties hereinafter shall be referred to by the status which they held before the learned trial Court.

3. Brief facts necessary for adjudication of appeal are that plaintiff and defendant No. 1 were married to each. Plaintiff claims that by a customary divorce, their marriage stood dissolved, whereas defendant No. 1 denies the factum of divorce and claims that her marriage with plaintiff still subsists. The status of defendant No. 2 as son of plaintiff is admitted.

4. Plaintiff filed a suit against defendants for possession of premises consisting of one room, one bathroom and W.C. in the house constructed over the land comprised in Khata Khatauni No. 63/131, Khasra No. 1207/331, measuring 0-01- 6