ANANTOO Vs. RAMRUP TIWARI

JUDGEMENT

(1.) To understand the points raised in this appeal it will be necessary to examine the pedigree to be found at p. 11 of the printed paper-book. Tha court of first instance found that the brothers Jageshwar and Mohar were joint and Ganesh, the son of Jageshwar was the last surviving male member of the family consisting of the two brothers and a son, and nephew Ganesh. It appears that three sale-deeds were executed by two ladies. Mt. Bhagirathi, widow of Mohar, executed sale-deed No. 1 on the 4 of January, 1909, for a sum of Rs. 399, on the 20 of September, 1910, Mt. Upman, the widow of Jageshwar, and Mt. Bhagirathi executed the second sale-deed for the sum of Rs. 1,250; and on the 17 of June, 1918, the same two ladies executed the third sale-deed for tha sum of Rs. 299.

(2.) The first four plaintiffs are the sons respectively of Jagat and Sahdeo Ganesh died in February, 1910 and his mother, Mt. Upman died about two years before the institution of the suit. The plaintiffs Nos. 1 and 2 have transferred a portion of their interest in the property to the plaintiffs Nos. 5 and 6. Thus all the six plaintiffs instituted the suit out of which this appeal has arisen for recovery of possessions of the property sold under the three deeds, of sale. Their case, so far as Mt. Bhagirathi's sale-deed was concerned, was that Mt. Bhagirathi executed the sale-deed without any title.

(3.) The defence was that so far as the deed-by Mt. Bhagirathi was concerned, the suit was time-barred. The defendants further pleaded that the sales were supported by legal necessity and the plaintiffs were also estopped from maintaining the suit.