(1.) This appeal by the plaintiffs arises out of a suit for a declaration that the sale deed dated 23-7-1918 executed by Mossamat Rekhia, widow of Thakur Dayal Ojha in favour of Chaudhary Bigan Rai, father of defendant 1, was without legal necessity and not binding on them. Plaintiffs' case was that they were the next reversioners of Thakur Dayal Ojha, husband of Mosst. Rekhia, and she being a limited owner, the sale deed executed by her was without legal necessity. Their further case was, that Mosst. Rekhia died about two years before the institution of the suit in the last Kumbh fair at Prayag (Allahabad) and, after her death, they were entitled to possession in respect of the lands transferred by her and mesne profits as well.
(2.) The defendants contested the suit, on the grounds, inter alia, that the plaintiffs are not the reversioners of Thakur Dayal Ojha, the suit was barred by limitation, as Mosst. Rekhia died more than 12 years ago and the sale deed was executed for legal necessities.
(3.) The Munsif held, that the plaintiffs were the next reversioners, the sale deed was for legal necessity, but the suit was barred by limitation, as Mosstt. Rekhia died 20 to 22 years ago. On these findings, he dismissed the suit with costs.