KUBRA JAN Vs. RAM BALI

JUDGEMENT

(1.) This appeal has been laid before a Full Bench by reason of a conflict in the authorities upon a question raised in the appeal. The suit is one by the daughter of one Bande Ali to recover from her brother Akbar Husain and a number of other defendants, transferees from him, her share in the property of her deceased father. This property is situate in the district of Bareilly and also in the district of Bara Banki in Oudh. It appears that Akbar Husain transferred the Bareilly property to the defendants Nos. 2 to 8 and the Bara Banki property to persons from whom the defendant respondent Ram Bali acquired it by virtue of a decree for pre- emption. The suit in regard to the Bareilly property was compromised, with the result that the claim in respect of that property was abandoned, and the suit proceeded as regards the Bara Banki property only.

(2.) The first Court decreed the suit. But upon appeal the Lower Appellate Court reversed the decree and dismissed the plaintiff's suit, holding, on the authority of the case of Ram Raji V/s. Dhup Narain Weekly Notes 1885, p. 125 that the Court in Bareilly had no jurisdiction to pass a decree in the suit.

(3.) From that decree the present appeal has been preferred. The questions in the case are whether the suit is bad for multifariousness and whether the Subordinate Judge of Bareilly was justified in entertaining it after the compromise of the claim in respect of the Bareilly property.