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Sant Rai vs Mt. Ratoo And Ors.

High Court Of Judicature at Allahabad|23 November, 1950


JUDGMENT Bind Basni Prasad, J.
1. This is a plaintiff's appeal arising out of a suit for the possession of certain zamindari property, It is the common ground of the parties that the property originally belonged to one Bam Pratap Rai. His father, Manorath Rai, died in 1874 and shortly after Ram Pratap Rai also died leaving a widow Smt. Daulata and the mother, 8m. Amrita. He bad no issue. On 30-4-1906. Sm. Amrita along with one Deoki Rai, who was the nest reversioner, execrated a deed of gift in favour of Sm. Rato Kunwar, defendant 1. Rato Kunwar is the daughter of Deoki Rai. In 1908, the plaintiff's brother, Mahipal Bai, for self and as the guardian of the plaintiff brought Suit No. 445 of 1908 for a declaration that the deed of gift was ineffectual as against their interest. The auifi was dismissed.
2. The plaintiff has now attained majority. Deoki Rai, 8m. Amrita and Daulta are all dead. The plaintiff is now the nest revereioner. The sait from which this appeal arises was instituted is September, 1943, and, inter alia, it was contended in it that the decree in Suit No. 445 of 1908 was not binding upon him, because he was then a minor and his guardian was guilty of gross negligence in conducting that case. Various pleas were taken in defence.
3. The trial Court held that the transfer in question embodied two transactions viz., a surrender by a Hindu widow of her intereat in the property to the nearest reversioner, Deoki Rai, and a gift by the latter to his daughter, that the suit was barred by limitation and res judicata and that there was no negligence on the part of the guardian. Learned Civil Judge in appeal has affirmed these findings and has upheld the decree of the trial Court dismissing the suit. The plaintiff comes in appeal to this Court.
4. The main point for consideration in this appeal is whether or not the plaintiff's guardian, Mahipal Bai, was guilty of gross negligence
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Sant Rai vs Mt. Ratoo And Ors.


High Court Of Judicature at Allahabad

23 November, 1950
  • S Saran
  • B B Prasad