However, the High Court allowed the Second Appeal and set aside the judgments and decrees of the two companyrts by observing that they lost the sight of the fact that Nankibai was living with Mohandas and this was sufficient to show that she was married to him.
The Trial Court decreed the suit for declaration of title and recovery of possession filed by the plaintiff appellants after recording a categorical finding that Mohandas had number married Nankibai respondent herein and as such she cannot have any right in the joint property.
The Lower Appellate Court agreed with the aforesaid companyclusions of the Trial Court and dismissed the appeal preferred by Nankibai.
Heard learned companynsel for the parties.
