Judgement

Appeal from a judgment and decree of the Court of the Judicial Commissioner (May 12, 1915) reversing a decree of the Subordinate Judge of Gonda.

The facts appear from the judgment of their Lordships.

June 13. De Gruyther K.C. and Dube for the appellant. The respondents did not appear.

July 16. The judgment of their Lordships was delivered by

LORD PHILLIMORE. The appellant is the plaintiff in this action, which was brought by him on January 2, 1913, against the present respondents and others to recover certain shares in the village of Ferozpur which had been conveyed by his father to Kali Pershad, the ancestor of the present respondents, by three deeds of sale dated April 20, 1889, January 6, 1892, and April 13, 1894. By the first a two-anna share was conveyed for Rs.4000, by the second a one-anna share for Rs. 2000, and by the third a like share for a like amount.

The defence was that as to the first sale it could not be attacked by the plaintiff, as he, according to his own case, was not born at the time, and his father was the sole proprietor, not being joint in family, and could deal with the estate as he thought fit; that as to all of the sales there was necessity for