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1927 Supreme(All) 119

ASHWORTH, WALSH
Hukum Chand – Appellant
Versus
Sital Prasad – Respondent


JUDGMENT

Ashworth, J. - These two appeals arise out of two suits brought by the plaintiffs-appellants against the respondents for possession of certain property. The property belonged to one Amolak Ram, who died in 1879, leaving a widow Mt. Bir Kunwar. She died in 1881, leaving three daughters. Two of these daughters jointly in 1882 alienated a portion of the property in suit. The third daughter in 1885 alienated the rest of the property in suit. All three daughters are now dead, and the plaintiffs claim that they are entitled to the property as reversionary heirs of Amolak Ram, and that the alienations mentioned are ineffective against them now that the daughters are dead. The appeal No. 546 deals with the O. Section 164 of 1923. In that suit the District Judge hold that the alienation of 1882 by Mt. Lachhmi and Mt. Barfi was for necessity. This was a finding of fact, and the appellants have not been able to show that it was based on any mistake of law. Their suit-therefore, No. 164 must fail, and the appeal fails, in my opinion, on the ground that the question is concluded by a finding of fact. I may mention that it was in this suit that the question of the suit being barred under

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