SIKANDAR SINGH Vs. BACHCHU PANDE

JUDGEMENT

(1.) The plaintiffs (Hindu aims) sued for the setting aside of an alienation by their grandfather, one Ajudhia Singh. Both the Subordinate Courts held that the suit was time-barred. This second appeal is filed in consequence.

(2.) The youngest son of Ajudhia Singh was Ram Iqbal and the eldest son of Kam Iqbal is the plaintiff Sikandar Singh. The learned Subordinate Judge of the trial Court held that when Sikandar Singh was born and also before he was conceived Ram Iqbal had lost his right to question the alienation, being at the time 24 years of age. It was argued on the basis of a slip in the judgment of the learned Subordinate Judge that Sikandar Singh was conceived before Ram Iqbal's right to sue had become time-barred. In one portion of the judgment he observed. Mahabir Singh the next witness said that Ajudhia had died at the age of 60 or 65. This seems correct. He further says that Ram Iqbal was 9 or 10 years old when Ajudhia died, so according to this calculation Ram Iqbal would be 21 years old when Sikandar was born, and this seems correct.

(3.) Hare 21 is a slip for 24. The learned Judge goes on to observe. The fact is that Ram Iqbal is now 32 years old. He was 11 years old when his father died. He was 24 years old when his first son was born.