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1914 Supreme(All) 22

CHAMIER, PIGGOTT
Kunwar Bahadur – Appellant
Versus
Bindraban – Respondent


JUDGMENT

Chamier and Piggott, J. - This is a second appeal by a plaintiff whose suit for a declaration has been dismissed by the lower appellate Court as barred by limitation. Debi Das, father of the plaintiff, had two brothers, Jwala Prasad and Prag Das; they lived separately. Jwala Prasad died childless, leaving a widow, Musammat Rukmani. This lady, while in possession of the property of her late husband with a Hindu widow's estate, executed a deed of sale on the 12th of February, 1898, transferring to certain persons, who appear as defendants Nos. 1 and 2 in the case, a house which bad belonged to her late husband. By the present suit, instituted on the 11th of April, 1913, the plaintiff ' sought a declaration that this sale deed was ineffectual as against him and enforceable only during the life-time of Musammat Rukmani. He impleaded this lady as a defendant, and also his own father Debi Das, and his uncle Prag Das. Only the defendants vendees contested the suit, no appearance being entered by any of the others. Ordinarily the plaintiff would not be permitted to maintain such a suit, he not being the nearest reversioner to the estate of Jwala Prasad in the presence of his own fa

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