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1929 Supreme(All) 246

Rameshwar Rai – Appellant
Versus
Sheopal Rai – Respondent


JUDGMENT

Ashworth, J. - This second appeal arises out of a suit brought by Remeshar plaintiff in respect of certain property originally owned by one Raghunandan. The plaintiff claimed to be entitled as next reversioner on the death of Raghunandan's widow, Musammat Lachminia, and the suit was brought against more remote reversioners. The suit was resisted on the ground that the plaintiff was estopped by a certain agreement from claiming the whole of the estate of Raghunandan.

2. The facts of the case are as follows:--The genealogical table given in the judgment of the lower Appellate Court indicates the relationship between the parties to this suit, Raghunandan, the last male owner, died in 1892, leaving behind him a widow, Musammat Lachminia. The lady could not manage her husband's property herself, so she entered into an arrangement, which pruported to lease out her land to the plaintiff, his two brothers and his two distant cousins. They, however, failed to pay her the rent secured by this lease, so she mortgaged the land to one Bansidhar in 1895. At least the document purported to be a mortgage. Thereupon the plaintiff Rameshar and his two brothers brought a suit in 1895 for cance

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