Kolkata Court August 1881 Judgments

Deg NaraIn Singh and anr. Vs. Ramphul Singh and ors.

Court: Kolkata

Reported in: (1882)ILR8Cal517

Field, J.1. Four points have been taken before us in this appeal. The first is concerned with the question of limitation.2. On this point we agree with the judgment of the Court below. We think that, having regard to the provisions of Section 31 of the Indian Majority Act, IX of 1875, the plaintiff No. 1, Deg Narain Singh, attained his majority upon completing his age of twenty-one years; and as this suit was instituted within three years after he so came of age, it is within time. We may observe that there is now no contention before us that this plaintiff was born on a date prior to that set forth in the plaint.3. The second point is concerned with the la. 2g. 21/2k. share, which the plaintiffs allege, though not very distinctly, to have been acquired out of the joint funds belonging to the family. The defendants, on the other hand, contended, that this was their self-acquired property. The Subordinate Judge has, in a very hesitating manner, disposed of the question thus raised. He d...