JHILATU SINGH Vs. JADU NATH SINGH AND OTHERS

JUDGEMENT

(1.) THIS is a plaintiff's appeal arising out of a suit for possession. The facts briefly stated are as follows :

(2.) THE defence to the suit, inter alia, was that the plaintiffs were estopped from challenging the various transfer made by the widows along with the plaintiffs and that, in any case, the suit. was bared under Section 43 of the Transfer of property Act. During the pendency of the suit Bikaram Singh and Jeut Singh, sons of Dhanauta, with drew from the suit having compromised the case with the defendants and Ram Chandra pre -forma defendant stated that he claimed no interest in the property. The fight was, therefore, confined between Jhilatu Singh on the one side and Jadunath Singh and his transferees on the other. The trial court rejected the defence and decreed the suit. On appeal the lower appellate court held that the suit was barred by the principle of estoppel as also by Section 43 of the Transfer of Property Act.

(3.) IN the sale -deed of the 8th of June, 1927, it was stated that Changura had obtained the property sold by inheritance from her father Manna Singh and that thereafter both Changura and Jhilatu Singh had been in proprietary possession of the same. The property transferred was the absolute interest in the same and not merely the widow's interest of Changura.