Sohan Lal vs Musammat Durga - 1914 Supreme(All) 206

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1914 Supreme(All) 206

PIGGOIT
Sohan Lal – Appellant
Versus
Musammat Durga – Respondent

JUDGMENT

Piggoit, J. - In this suit Musammat Durga, the plaintiff-respondent, claimed.

2. Certain property as the widow of one Bhondu. The claim was resisted upon a variety of pleas. The most important were that the plaintiff's husband Bhondu had predeceased his father and that the suit was barred by limitation. These pleas have been decided against the defendants by the lower Appellate Court. In second appeal stress is laid on another plea which is also found in the written statement of the defendants. This plea was to the effect, that the plaintiff had re-married and had thereby lost any right she may ever have possessed to the property of Bhondu. It is contended that an express issue should have been framed on this point and should have been tried out by the Courts below. The first issue in the Court of first instance was--"is the plaintiff the owner of the property in dispute?" Upon that issue it was open to the defendants to tender any evidence they might wish to produce regarding the fact of Musammat Durga's second marriage and the legal consequences of such marriage, if any, amongst the people of the caste to which she parties belong. The only evidence discoverable on the reco

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