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1924 Supreme(All) 529

Bindraban – Appellant
Versus
Ram Narain – Respondent


JUDGMENT

1. There were two brothers, Jawahir and Mazbut. It has been found that they were joint. Jawahir died shortly before Mazbut, and left w widow, Bari Bahu surviving him. The two brothers together owned an 8 pies share. On the death of Jawahir, with the consent of Mazbut, the name of Bari Bahu was recorded with respect to a 4 pies share. On the death of Mazbut the name of Bari Bahu was recorded in respect of the 4 pies share which stood in his name. Bari Bahu continued to be in possession of the entire 8 pies share till her death which happened in 1917. Before her death, however she; on the 6th November 1906, made a transfer by way of sale of a 4 pies share in favour of the defendant-appellant. On 13th September 1918, that is to say within 12 years of the execution of the sale deed the respondents brought the suit out of which this appeal has arisen claiming, as the reversioners of Bari Bahu, for the recovery of the 4 pies share sold to the defendant-appellant. One of the pleas of the appellant was that Bari Bahu was in adverse possession of the property, and therefore, the plaintiffs' suit was barred by time. This plea found favour with the Court of first instance. On appeal t

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