KURA Vs. JAG RAM

JUDGEMENT

(1.) THE judgment of the court was delivered by

(2.) THIS is a suit brought by a son to set aside an alienation made by his father mere than thirty-nine years before the suit. The alienation was on 5/9/1907 and the suit was filed on 26/11/1946.

(3.) ON second appeal the Union High court at Patiala reversed the appellate court's decree and, agreeing with the first court regarding the nature of the property, dismissed the plaintiff's suit. As S. 100, Civil procedure code does not apply the High court was entitled to go into the facts In second appeal. The learned Judges did not decide the question of legal necessity which was also raised nor did they decide whether the plaintiff was in existence at the time of the alienation in suit.