RADHA DULAIYA Vs. RASHIK LAL

JUDGEMENT

(1.) This is a defendant's appeal arising out of a suit for recovery of certain property including a 5-annas 4-pies zemindari share in village Patora Kalan; and a 6 pies share in Lalitpur. The plaintiffs case, as set forth in the plaint, was that the property in dispute was given to one Musammat Sarawan Dulaiya under an award dated 12 July 1891, that she was to have possession of it for her life, and, under the said award, the property was to revert to the plaintiffs family, and that she died on the 3 of May 1908, on which date the plaintiffs became entitled to recover possession of this property.

(2.) The claim was contested mainly by the present defendant-appellant, Musammat Radha Dulaiya, who pleaded that in fact there was no valid and binding award in existence, and, further, that her deceased husband, Damodar Das, had been adopted by Musammat Sarawan Dulaiya and had been in possession of the property as such; and, lastly, that the claim was barred by time. Both the Courts below have decreed the suit. The defendant-appellant has come up in second appeal to this Court, and, on her behalf, the findings of the learned District Judge are challenged.

(3.) The points for determination before us are really two. One is as to the validity of the transaction of 1891, and the second is the question of limitation.