( 1. ) THIS second appeal is directed against the reversing judgment and decree of the District Judge, Jabalpur in a claim for partition by the appellant of the property left by one Sheikh Munna. The Civil Judge (Class II), jabalpur upheld the claim of the appellant and decreed the suit for partition.

( 2. ) THE question involved in this appeal is whether the appellant was married to Sheikh Munna and thus became entitled to a share in the property. The respondents 2 and 3 support the claim of the appellant and their stand is common with the appellant as they also claim to be the daughter and son of sheikh Munna from his second wife, the appellant in this appeal. The case of the appellant was that Sheikh Munna was already married to Jaitunbi, respondent No. 1, but since he did not have any child from her he married the appellant on 25-12-1949 at Bhopal. After marriage, the appellant stayed with Sheikh munna at his house at Andherdeo for about 4 or 5 months but as she could not pull on well with the first wife, she shifted to a house at Bhartipur and continued to stay there. Sheikh Munna was visiting her there and it is in this house that respondents 2 and 3 were born to her