KUNWAR GOBIND KRISHN NARAIN Vs. MUSAMMAT SIRJUNNISSA BEGAM

JUDGEMENT

(1.) The Court below dismissed the plaintiff's suit as barred by Section 43 of the Civil Procedure Code of 1882 and hence this appeal.

(2.) The suit was brought by the plaintiffs for recovery of possession Mouza Kutabpur in, the district of Bareilly and also for mesne profits. According to the plaintiff's case. Rai Balak Ram, Raja Ratan Singh and Kunwar Daulat Singh were members of a joint Hindu family subject to the Mitakshara Law and owned ancestral properties including the property in dispute. Rai Balak Ram died in 1843 and Raja Ratan Singh became a convert to Muhammadanism in 1845 and from that time ceased to have any right to or interest in the joint family property. His son Daulat Singh thereupon became absolute owner of all that property. Daulat Singh died on the 8 of January 1851 leaving his widow Rani Sen Kunwar and his daughters Rani Chhatar Kunwar, and Rani Mewa Kunwar as his heirs. Rani Raj Kunwar, the wife of Raja Ratan Singh and Khairati Lal, son of Raja Ratan Singh's daughter, were also alive and in consequence of litigation between Rani Sen Kunwar and Rani Raj Kunwar, all the estate in Rohilkhand remained for a long time in charge of the Court of Wards. Rani Sen Kunwar died on the 9 of November 1857 and Rani Raj Kunwar died on the 17 of November 1858 and thereupon Rani Chhatar Kunwar and Rani Mewa Kunwar became entitled to the whole estate for their lives. Under an agreement of the 21 of July 1860, Rani Chattar Kunwar and Rani Mewa Kunwar gave 7 1/2 annas out of 16 annas of the said properties to Khairati Lal and themselves retained 8J annas. Rani Chhatar Kunwar died childless on the 13 of April 1866 and Rani Mewa Kunwar became owner for life of the whole of the property left by her father. Khairati Lal died on the 19t.h of March 1866, leaving Hulas Kunwar his widow, Achchan Kunwar his daughter and Inait Singh his daughter's son him surviving. These three persons are all dead and Partab Singh is their heir. Out of the 7 annas 6 pies share of the said property Achchan Kunwar and Inait Singh sold the whole of Mouza Kutabpur, which is the subject/matter of this suit, to the defendant Musammat Sirajunnissa Begam. Rani Mewa Kunwar died on the 26 of March 1899 and the plaintiffs claiming to be entitled to the property of Daulat Singh by right of inheritance instituted the suit out of which this appeal has arisen.

(3.) A number of defences were set up by the defendant and amongst others a plea that the suit was barred by Section 43 of Act No. XIV of 1882.