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Musammat Jagesri Kuar vs Ram Nath Bhagat And Anr.

High Court Of Judicature at Allahabad|14 March, 1877


1. We are of opinion that the present suit is maintainable. The Lords of the Privy Council* expressly except the case of a suit brought by a Hindu reversioner from the operation of the general rule.
2. The appeal is decreed and the suit remanded under Section 351 for trial. Costs of the appeal to abide and follow the result.
---------------------------------Foot Note------------------------------------
* Strimathoo Moothoo Vijia Bagoonadah Ranee Kolandapuree Natchiar alias Kattama Natchiar v. Dorasinga Tevar alias Gowry Vallaba Tevar 15 B.L.R. 83.
The portion of that Judgment o£ their Lordships referred to here was as follows:
The arguments now under consideration are founded on the right of a reversioner to bring a suit to restrain a widow or other Hindu female in possession from acts of waste, although his interest during her life is future and contingent. Suits of the kind form a very special class and have been entertained by the Courts ex-necessitate rei.
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Musammat Jagesri Kuar vs Ram Nath Bhagat And Anr.


High Court Of Judicature at Allahabad

14 March, 1877
  • R Stuart
  • Turner