Judgement

Appeal (No. 24 of 1923) from a decree of the Court of the Judicial Commissioner (July 18, 1921) affirming a decree of the Subordinate Judge of Bahraich (March 22, 1921).

The appellants and their father (respondent No. 6) formed a joint Hindu family governed by the Mitakshara. The suit was brought by the appellants on June 23, 1920, to set aside a sale, made by their father on June 3, 1893, of an ancestral village; they alleged that the sale was made without necessity. The respondent-defendants Nos. 2 to 5 were descendants of the purchaser, who with them had been in possession since the date of the sale.

The defendants, while denying the facts alleged, pleaded that the suit was barred by limitation.

82 Law. Rep. 52 Ind. App. 69 ( 1924- 1925)

Ranodip Singh V. Parmeshwar Pershad 183

The plaintiff-appellants Nos. 1 and 2 were born before the date of the sale, but Nos. 3 and 4 were born later—namely, No. 3 in 1897 and No. 4 in 1900.

By the Indian Limitation Act, 1908, Sch. I., art. 126, the period of limitation for a suit by a Hindu to set aside his fathers alienation of ancestral property is twelve years, which run from the date when the alienee takes possession of the property