HARISINGH Vs. RAMCHANDRA

JUDGEMENT

(1.) THIS is plaintiff's appeal from the decree dismissing his suit for possession.

(2.) THE property in dispute consists of 2 tenancy holdings and a house situate in Mouxa Padrai, Tahsil and District Sagar besides some moveables. It devolved on his death about 15 years back on his widow, Nai Bahu, who died on 12th April 1947. The plaintiff is the sister's son and next heir of Ramlal. The lower appeal Court has found that Nai Bahu on the demise of her husband, married defendant No. 1. Defendant No. 2, Shyambai, is their miner daughter. The defendants took possession of the property in dispute on the demise of Nai Bahu. Plaintiff accordingly filed the suit, out of which this appeal arises, for possession as the heir of Ramlal. The suit was decreed by the trial Court but was dismissed in appeal as barred by limitation. Hence this appeal.

(3.) IN Nathu vs. Nai Bahu, 11 N.L.R. 86, the widow had re -married in 1899 and sold the property on 12th May 1913. The suit for possession by the next reversioner was instituted on 26th June 1913. Holding that the widow bad forfeited her right in the property and the suit was barred by limitation, Stanyon A.J.C. observed as below: -