RAKHMABAI PANDURANG Vs. KESHAV RAGHUNATH BHISE

JUDGEMENT

(1.) The plaintiff sues to recover possession of property from the defendant who relies on an alienation in his favour made by the widow of a preceding owner.

(2.) It has been held by both the lower Courts that the alienation was not justified by any necessity recognized by Hindu Law.

(3.) Consequently it is not open to the defendant to rely on Art. 91 of the Limitation Act as a bar to the suit. (See Hdrihar Ojha V/s. Dasarathi Misra (1905) I.L.R. 33 Cal. 257).