JAGAN NATH Vs. MOTI RAM AND ORS.

JUDGEMENT

(1.) TARBENI Sahai Defendant 1 sold 3 bighas 14 biswas of land for Rs. 464 to Hira Lal Mutation No. 1318 in respect of that sale was sanctioned on 6 -12 -1936. Tarbeni Sahai then sold 3 bighas, 3 biswas of land for Rs. 200 and mutation No. 2343 in respect of that sale was sanctioned on 5 -9 -1937.

(2.) JAGAN Nath, son of Tarbeni Sabai instituted the suit of which this appeal has arisen on 7 -11 -1945, for a declaration that the sales set out in the preceding paragraph were effected without consideration and legal necessity and that the sales will not affect his reversionary rights after the death of Tarbeni Sahai alienor. The contesting Defendants resisted the suit inter alia on the ground that the suit was barred by time. The trial Court granted the Plaintiff declaration to the effect that the sales in question were without consideration and legal necessity and would not be binding upon his reversionary rights after the death of Defendant 1. In the trial Court, the parties were left to bear their own costs. The contesting Defendants then preferred an appeal from the decree passed by the trial Court on 21 -1 -1947. The lower appellate Court has allowed the appeal leaving the parties to bear their own costs in the appellate proceedings and has dismissed the Suit as barred by time.

(3.) MR . D.N. Aggarwal, learned Counsel for the Appellant contends that the finding of the lower appellate Court on issue No. 2 is not sustainable. He then contends that the Plaintiff was entitled to the protection given by Section 11, Indian Soldiers Litigation Act, 1925.