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1927 Supreme(All) 213

BANERJI, LINDSAY
Radha Kishun – Appellant
Versus
Sita Ram Upadhya – Respondent


JUDGMENT

1. Mr. Upadhiya has argued this case very ably and strenuously on behalf of the defendant-appellant, but he has not succeeded in convincing us that the decision of the Subordinate Judge is erroneous and that we should be justified in interfering with it.

2. The suit was a suit by reversioners for possession of certain property, the last male owner of which was one Sheo Agyan Upadhiya who died in the year 1880. Sheo Agyan left a widow Musammat Subhrani who remained alive till the year 1923. Her daughter Musammat Manraji had predeceased her in the year 1911.

3. It is clear on all hands and there is no doubt that when Musammat Subhrani died the present plaintiffs were the next reversioners of Sheo Agyan.

4. The defendant in the suit was one Radha Kishun who was the father-in-law of Musammat Manraji, the daughter of Sheo Agyan, and he set up a title to certain property which he said had been conveyed to him by a deed of gift which was executed in or about the year 1895 in his favour by the widow, Musammat Subhrani. That document is to be found at page 29 of our record.

5. Radha Kishun relied on this document and put forward the defence that the plaintiffs were not entitled to get p

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