- (1.) This is a suit, the substantial object of which is to have a deed of conveyance by one Rani Dhan Kower, dated 13th or November 1854, declared to be not binding as against the plaintiff beyond the lifetime of Dhan Kower. The plaintiff has asked to have the deed of sale cancelled, but it does not follow that because he has asked too much, the Court will refuse to give him that relief which he may be entitled to. The plaintiff claims as reversionary heir to Harnarayan, the defendant Dhan Kower is the alienor, the defendant Moulvi Shamsul Hoda is the alienee.
(2.) The Judge disposes of the suit by observing that there is no sufficient reason for making a declaratory decree, inasmuch as the alienation which took place 14 years ago may be as effectually questioned on the death of Rani Dhan Kower whenever that event may take place as now; that it is by no means certain whether the plaintiff will be able to question the alienation when the succession opens out to him on the death of the alienor. The Judge then quotes certain rulings in the cases of Baboo Matilal v. Rani of Maharaj Bhoopsing 8 W.R. 64, Phulchand Lall v. Rugghubuns Sahai 9 W.R. 108 Kenaram Chuckerbutty v. Denonath Panda 9 W.R. 325, Puree Jan Khatun v. Bycuntchunder Chuckerbutty 9 W.R. 380, Brinda Dabee Chowdrain v. Partial Chowdhry 8 W.R. 460, in support of his opinion that the suit of the plaintiff is premature, and dismisses it with costs.
(3.) We are of opinion that the suit of the plaintiff has been dismissed on insufficient grounds.;