RAM KISHEN Vs. BALDEO KOERI

JUDGEMENT

(1.) The only points argued in this appeal are the points that the suit was not barred by limitation and that the sale was not for legal necessity.

(2.) In respect of the first point the facts are very clear. Ram Kishen Ram, Das, Ram Subhag and Ram Karan the sons of Ram Raj brought a suit to set aside a sale which Ram Raj had made of certain ancestral property on the 18 February, 1907. The plaintiffs and Ram Raj are members of a joint Hindu family governed by the Mitakshara Law. It has been found on the facts by the learned District Judge and this finding cannot be attacked in second appeal that Ram Kiahen was over twenty-one at the time of the institution of the suit and that the other three plaintiffs who were minors at the time of the institution of the suit had not been born at the time that the alienation was made. The suit was thus clearly time barred as far as Ram Kishen is, concerned.

(3.) It is also time-barred in regard to the remainder as they were not in existence at the time that the alienation was made, on the principles laid down in Sita Ram Singh V/s. Cheddi Singh A.I.R. 1924 All. 789. The view taken by the learned Judges had been accepted as correct by their Lordships of the Privy Council in a recent suit from Oudh Ranodip V/s. Permeswar Prasad which has not yet come into the regular reports. It is reported in the All India Reporter of 1925 at page 33.