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1935 Supreme(SC) 63

Bhojraj – Appellant
Versus
Sita Ram and others – Respondent


Advocates Appeared:
W. Wallach, J.M. Parikh

Lord Roche:-

These are consolidated appeals from two decrees of the High Court of Judicature at Allahabad dated 26th March 1930, which reversed the judgment and decree of the Subordinate Judge of Mainpuri and dismissed the plaintiff's suit with costs. The dispute was as to the property of one Tej Raj, a wealthy Brahman landowner, which was situated at Kusyari and elsewhere in the district of Mainpuri. Tej Raj died in 1855 leaving surviving him three widows and a deceased son's widow to whom Tej Raj's widows give a portion of the property in lieu of her right to maintenance. These four ladies at various dates from 1873 onwards alienated the property in favour of the predecessors in title of the defendants and by 1924 when Mt. Bakht Kunwar, the youngest widow of Tej Raj and the last survivor of the four ladies died, all the property in question in the suit was in the possession of the defendants. In 1890 a declaratory suit had been brought by plaintiffs other than the present plaintiffs purporting to claim as reversioners to the property of Tej Raj and seeking to challenge the validity of the alienation of such property. This suit failed owing to the operations of the rules of limitat











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