NAGESHAR BAKSH SINGH Vs. GANESHA

JUDGEMENT

(1.) This is an appeal from a judgment and decree of date the 8th August, 1916, of the Court of the Judicial Commissioner of Oudh, which reversed a judgment and decree dated the 23rd December, 1913, of the Subordinate Judge of Gonda.

(2.) In the suit which is brought the plaintiffs pray for a decree for possession of the village of Sonahra, Pargana Paharapur, Tahsil and District Gonda, by cancellation of a certain sale-deed thereof executed on the 30th December, 1871, in favour of Thakur Mirttunjai Bakhsh Singh, now represented by the appellant. The grantors of the deed were three Hindu pardanashin ladies, Musammats Basanta, Rani and Maharani.

(3.) A pedigree is given in the papers, which gives the family descent from one Bishan Pershad. Bishan was the owner of inter alia, two villages, Harsinghpur and Sonahra. No question arises with regard to Harsinghpur in this appeal. It appears, however, that a question analogous to that now raised was settled relative to that village over thirty years ago, and was answered in a sense adverse to the present appellant. It was held in that suit that the sale deed had not been granted for consideration or with legal necessity, and that Harsinghpur was part of a joint undivided family property with reference to which the deed was ineffective. Their Lordships have, however, considered the present appeal, which is confined to the case of Sonahra, on its own merits.