Kolkata Court April 1905 Judgments

Harihar Ojha Vs. Dasarathi Misra

Court: Kolkata

Reported in: (1906)ILR33Cal257

Pargiter, J.1. This is a suit by an alleged reversioner to recover certain property, which had been alienated by a Hindu widow. The alienations were made by four sale-deeds in the years 1871, 1875 and 1893, and the plaintiff alleges that they were made without legal necessity.2. The defendants pleaded limitation and legal necessity, and denied that the plaintiff was the next reversioner. But all these issues were found by the first Court in the plaintiff's favour; and when the defendants appealed to the Subordinate Judge, they raised only one question, namely, that of legal necessity, while any objection on the ground of limitation is said to have been expressly abandoned. The Subordinate Judge found the issue of legal necessity against the defendants and affirmed the Munsiff's decree in the plaintiff's favour.3. Three of the defendants have now appealed, and the only contention raised before us is one that was never raised in either of the Courts below., namely, that the [suit is not ...