JUDGMENT

Straight, J. - This is a suit brought by the plaintiff, Sheonarain, a sunar by caste, against Musammat Paigi, his wife, and Musammat Sarasuti, his mother-in-law, for restitution of conjugal rights.

2. His allegations are, that he was married to the defendant Musammat Paigi eight years ago; that she now refuses to cohabit with him, and that she is kept from doing so by the second defendant, her mother.

3. The defendants pleaded two matters in reply. In the first place, it was pleaded that, under an agreement of the 1st June 1876, the plaintiff had, prior to his marriage to the defendant No. 1, undertaken to live in the house of his mother-in-law, defendant No. 2, with his wife after marriage; that defendant No. 1 was married to him on that condition; that he has left the house and refuses to live in it, and is therefore not entitled to enforce his marital rights, and that the defendant No. 1 can consequently withdraw herself from him. In the second place, it was pleaded that the plaintiff, having taken a Muhammadan woman as his mistress, and having lived and eaten food with her, has been put out of caste; and that, under these circumstances, defendant No. 1 cannot be called up