MT BASANTI BIBI Vs. BABULAL PODDAR

JUDGEMENT

(1.) This is a first appeal brought by the plaintiff Mt. Basanti Bibi whose suit has been dismissed by the trial Court on the sole ground of limitation. The family tree is as follows:

(2.) The property in suit is a ginning factory and cotton press situate in the town of Hathras. The plaintiff Mt. Basanti Bibi is a married lady living in Bihar in the District of Monghyr. Her plaint asks for the following reliefs: That it may be declared that the plaintiff is the sole owner of 11/4 annas share which belonged to Lal Ram Narain (her father) out of the five annas share of the firm Radha Kishan-Sita Ram and that defendant 9 (one Seth Chiranni Lal) has right to a five pie share appertaining to the share of Ram Narain which was sold to him by defendants 6 to 8, who had purchased it from defendants 4 and 5.

(3.) The plaint further asks for the relief of profits from Sambat in 1967 (1910-11) up to the date of suit. The plaint sets forth that Ram Narain died at some date which is not stated and subsequently his widow Mt. Shib Bai died on 31 June 1916, but Mt. Shib Bai did not receive her share of profits since Sambat 1967. Defendant 1 is the present manager of the factory and his plea in his written statement is that he has a certain number of years profits with him, and that he is ready to pay to whoever is found by the Court to be entitled. The plaintiff and her mother before her undoubtedly took no action whatever to demand the share of profits which were annually due to them from this factory. It is shown by the learned Counsel that in 1915 suits were brought by the different members of the family claiming part of the share of profits as heirs of the deceased Ram Narain and on 18 May 1921, defendants 6 to 8 sold the share which they claimed had come to them on the death of Ram Narain to defendant 9. Two points have been argued in this appeal, one the question of limitation, and, secondly, the question of the rights of defendant 9 Seth Chiraunji Lal as bona fide purchaser of value under Section 41, T. P. Act. We will first deal with the question of limitation.