BRIJ BIHARI LAL Vs. MUHAMMAD NUH

JUDGEMENT

(1.) It will be useful to give below a pedigree showing the relationship of the plaintiffs among themselves and with the transferors of the property in suit which is in dispute in this case:

(2.) The plaintiffs are the sons of two daughters of one Ajudhia Prasad who died in 1870. At the time of his death he left a widow, Musammat Badam Kunwar and three daughters Musammat Nannhi, Musammat Manni and Musammat Gaura. Brij Bihari, the eldest of the plaintiffs, is a son of Musammat Nannhi, who died on the 28 of September, 1918. Plaintiffs sued for the possession of certain properties which were transferred by Musammat Badam Kunwar on. the 17 of February, 1877, to one Abdul Majid, a Subordinate Judge at the time, and his two wives. Abdul Majid and his wives were in possession of the property and the present holder of the property is the defendant Shaikh Muhammad Nuh, son of Abdul Majid. The three daughters and two distant reversioners, Lalta Prasad and his son Brij Bhikan Lal, joined in making the transfer. Lalta Prasad was step-brother of Ajudhia Prasad. The case of the plaintiffs was that Brij Bihari was in existence at the time of the transfer in 1877 and the ladies could only transfer their life- interest. On the death of Musammat Badam Kunwar, her daughters, Nannhi and Gaura, became entitled to a life-interest in the property as Manni had. predeceased her mother. Musammat Gaura died in 1911 and the right of the plaintiffs to sue for possession came into operation on the 28 of September, 1918, on the death of Musammat Nannhi.

(3.) The defence was that none of the plaintiffs was born in 1877, when the transfer was made, and as the transfer was made by the life-holder and all the then existing immediate and presumptive reversioners, the sale was binding on the plaintiffs. There was a further plea that the sale was effected for legal necessity. There were other pleas with which we are not concerned in this appeal. The learned Subordinate Judge, in a judgment of considerable merit, held on all these points in favour of the plaintiffs and decreed their suit.