DEEBAL MAHTON Vs. MOTI MAHTON

JUDGEMENT

(1.) On 18 January 1930, the plaintiffs instituted a suit out of which this appeal has arisen to declare that two sale deeds executed by their maternal grand, mother, defendant 2, in 1913 and in 1928 respectively, will not be binding on the plaintiffs after her death. Defendant 2 is the widow of one Hari Mahton who died leaving a daughter, Mt. Lutni, the mother of the plaintiffs, and a son Kalpu Mahton. After the death of Kalpu Mahton Mt. Lalo, defendant 2, obtained a cousin's estate in the property to which her son had succeed, ed on the death of his father. Since the Act of 1929 Kalpu's sister, Mt. Lutni, and her sons are also heirs to his property. The suit has been decreed in the Courts below on the ground that no legal necessity for either of the sale deeds has been established.

(2.) In second appeal the learned advocate for the appellant takes the point that on its face the suit, so far as the deed of 1913 is concerned, is barred by limitation.

(3.) On the other hand, the learned advocate for the respondents contends that the suit is governed by Art. 120, Limitation Act, and that as the plaintiff had no right to sue until 1929 when by reason of the Act of the Legislature they became interested in their uncle's estate, limitation runs only from that date.