Sir Lawrence Jenkins:-

This is an ap peal from a decree dated the 18th July, 1921, of the Court of the Judicial Commissioner of Oudh, affirming a decree dated the 22nd March 1921, of the Subordinate Judge of Bahraich.

The suit out of which the appeal arises was instituted on the 23rd June 1920, by the four sons of the sixth defendant, Thakur Prithi Singh, claiming possession of the village described in the plaint. The plain tiffs and their father are a joint Hindu family governed by the law of the Mitakshara, and it is the plaintiff's case that the village is the ancestral property of the joint family.

On the 3rd June 1893, the plaintiffs' father purported to sell the village to Manjee Ram, who is represented in this suit by his descendants, defendants Nos. 1 to 5. The seventh defendant claims as a mortgagee from defendants Nos. 1, 2 and 5.

The plaintiffs contend that the sale is not binding on them as it was not made for legal necessity, and on this ground they claim a decree for possession.

Of the many issues framed in the Court of the Subordinate Judge it is only necessary to consider whether the suit is barred by limitation, and for this purpose the dates at which the several plaint