Judgement

Consolidated Appeals from a judgment and eight decrees of the High Court

Law. Rep. 43 Ind. App. 249 ( 1915- 1916) Banga C handra Dhur Biswas V. Jagat Kishore Chowdhuri

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(August 16, 1909) reversing a judgment and six decrees of the Subordinate Judge of Mymensingh (September 17, 1906).

The suits were instituted in 1905 by plaintiffs, now represented by the appellants, claiming that certain sales made by two Hindu widows between 1848 and 1865 were fraudulent and made without legal necessity, and for recovery of possession from the respondents. The material facts are stated in the judgment of their Lordships.

The Subordinate Judge held that the defendants had failed to show the existence of legal necessity ; he determined other issues in favour of the plaintiffs and made decrees accordingly. The High Court, holding that legal necessity was established, reversed the decrees and dismissed the suits.

1916. June 22. De Gruyther, K.C., and Sir W. Garth, for the appellants. The evidence did not establish legal necessity. There was no evidence of any decree against the deceased husband, and, except in one case, no evidence of the discharge of a creditor. Recitals of necessity in