LAWS(CAL)-1869-7-9

TARINI CHARAN GHOSE Vs. SATTO SARAN GHOSAL BAHADUR

Decided On July 12, 1869
MUSSAMUT INDUBANSI KUNWAR Appellant
V/S
MUSSAMUT GRIBHIRUN KUNWAR AND OTHERS Respondents

JUDGEMENT

(1.) The plaintiff, who is the special appellant before us, sued for a declaration of her right in, and for possession with, mesne profits of the estate of her late husband, Lalbehari Sing. It is not denied that Lalbehari died in September 1849, leaving two wives, Phuleswari the elder, and the plaintiff the younger wife. By the first wife be had three daughters. He bad no issue by the plaintiff.

(2.) The Court of first instance gave the plaintiff a decree, overruling the plea of limitation raised by the defendants.

(3.) On appeal, the Additional Judge has reversed the decision of the first Court. The Judge is of opinion that the suit of the plaintiff is barred under the Statute of Limitations. Before the Judge, on the issue in bar, it was contended for the defendants, special respondents, that the plaintiff's cause of action arose in 1849, when her husband died, and that inasmuch as the suit had not been brought within twelve years from the date of the death of the husband, the claim was barred. For the plaintiff it was contended before the Judge, that the cause of action to the plaintiff arose on the death of the elder widow of Lalbehari Sing, which took place in Magh 1274 (1867), and that the suit is therefore well within time.