1. This is an appeal against the decree of the District Judge dismissing a suit brought on behalf of a tarwad to recover property improperly alienated by the late karnavan. The alienation, which was in the form of a demise on kanom, executed in favour of one Subban Patter, was made in 1879.

2. It has been held by the District Judge that, the suit being instituted more than three years after the date of the kanom, is barred by limitation, because before recovering the property it was necessary to have the kanom set aside. It will be observed that the kanom document was not executed by the plaintiffs or any person under whom they claim as heirs or otherwise.

3. There can be no doubt that when a person seeks to recover property against an instrument executed by himself or one under whom he claims, he must first obtain the cancellation of the instrument, and that the three years rule enacted by article 91 applies to any suit brought by such person--Janki Kunwar v. Ajit Singh I.L.R., 15 Cal., 58. In such cases, according to the old practice, it was necessary to have recourse to the Court of Chancery, because at common law the claimant when met by his own deed was helpless. [Storys