SITA RAM SINGH Vs. CHEDDI SINGH

JUDGEMENT

(1.) This is a plaintiffs appeal arising out of a suit brought by two plaintiffs to set aside a deed of transfer by their father on the ground that there was no legal necessity for it. The plaintiffs case was that the elder plaintiff had attained majority within three years of the date of suit. The pleas in defence, amongst others, were that the elder plaintiff was more than 21 years old at the time of the institution of the suit and that the younger plaintiff had not been born at the date of the alienation at all.

(2.) Both the courts below have dismissed the claim. The findings are that plaintiff No. 1 was more than 21 years of age at the time of the institution of the suit and that the plaintiff No. 2 had not been born at the date of the alienation,

(3.) It is contended in second appeal before us that inasmuch as the plaintiff No. 1 had a right to challenge the alienation and the plaintiff No. 2 was born while that right was subsisting, the plaintiff No. 2 also acquired the right to challenge the alienation, and that, so far as he is concerned, his claim cannot be barred by time if three years have riot expired after his attaining majority. We are unable to accept this contention.