JUDGMENT

Mahmood, J. - The preliminary facts of this case and the points of law to which they give rise were set forth by me in my order of the 17th July 1888, whereby the case was referred to a Bench of two Judges consisting of my brother Straight and myself, and upon the case coming on for hearing before us, we, by our order of the 31st July 1889, remanded the case under s. 566 of the CPC to the lower appellate Court for a clear finding on the issue, whether on the 24th October 1886, or about that time (as asserted in paragraph 4 of the plaint) there was a demand made by the plaintiff to his wife, the defendant, Musammat Kaunsilia, to return to him, and a refusal by her to do so. Under this issue the learned Judge of the lower appellate Court has found that the elopement of the plaintiff's wife and his demand for her return and her refusal took place more than five years before suit, that Musammat Kaunsilia, the defendant, had ever since been cohabiting with Bechu, defendant, and by him has given birth to two children, one of whom is still alive, and that neither demand by the husband nor refusal by the wife of conjugal rights was proved to have been made within two years before t