Judgement

Appeal No. 43 of 1923) from a decree of the High Court (July 9, 1921) affirming a decree of the Subordinate Judge of Ghazipur (September 3, 1918).

The suit was brought by the respondents, as reversionary heirs of one Manohar Ojha, who died in 1856 without issue, and was for the recovery of land which had formed part of his estate.

The facts appear from the judgment of the Judicial Committee.

The decree of June 21, 1904, was in the following terms " It is decreed and ordered that the plaintiffs claim be decreed, declaring that the mortgage deed, dated December 25, 1899, executed by Musammat Oudha Kunwar, defendant No. 2, in favour of defendant No. 1, and decree No. 14 of 1903, dated March 31, 1903, for Rs. 1812-2-9, passed by the Court of the Subordinate Judge, district Shahabad, obtained by defendant No. 1 against defendant No. 2, are illegal and ineffectual as against the plaintiff reversioner."

The Subordinate Judge made a decree for possession. He held that the mortgage by Oudha Kunwar was made without necessity ; he further held that a grove, part of the property in suit, was " muafi," and was not " land held for agricultural purposes " within the limitation provision