CHATTISGARH HIGH COURT
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Sachitanand and Another v. Triveni Bai and Others
| Table of Content |
|---|
| 1. legal status of nanki bai questioned. (Para 1 , 2) |
| 2. arguments over legal recognition of the relationship. (Para 3 , 4 , 10) |
| 3. cohabitation supports presumption of marriage. (Para 7 , 8 , 9) |
| 4. conclusion to dismiss the appeal. (Para 11 , 12) |
1. This appeal was admitted for hearing on the following substantial question of law : -
'Whether both the Courts below were justified in holding that Late Nanki Bai had the status of wife of Late Brijmohan particularly when in the succession proceedings it was categorically held by the Cout that she was not wife of Late Brijmohan?'
2. The respondent - plaintiff filed a suit seeking declaration of his title in respect of disputed property on the pleadings inter alia that the land in dispute originally belonged to Lala Brijmohan, who was survived by his wife Nanki Bai and Nanki Bai, later on, after the death of Lala Brijmohan, sold the property in favour of Banshdhari Dubey - purchaser, vide registered sale deed dated 12-4-1975, Ex.P - 1.
The defendant claiming to be nephew of Lala Brijmohan started creating cloud on the title by holding that the Nanki Bai had no title to sell property of Lala Brijmohan, therefore, Banshdhari Dub
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