MITRA SEN SINGH Vs. JANKI KUAR

JUDGEMENT

(1.) This is an appeal from a decree, dated March 10, 1919, of the Court of the Judicial Commissioner of Oudh, which reversed the decree, dated April 25, 1916, of the Subordinate Judge of Fyzabad.

(2.) The appellants are the plaintiffs in a suit for possession of certain villages. They also claimed mesne. profits, a claim which was rightly disallowed and of which no more need be said. What remains is the suit for possession itself. Both the Courts before whom the suit came in India held that the plaintiffs title to the villages was proved. Their lordships are in entire agreement with that conclusion.

(3.) The trial Judge decreed the suit for possession. The appellate Court dismissed it on ground that the appellants were estopped from denying all claim of the first respondent to hold the villages for life as an under-proprietor without power of alienation. The only question in the appeal is whether the appellants suit fails by reason of this alleged estoppel. In the opinion of the Board it does not so fail, and the appellants are not estopped.