- (1.) In this case, the plaintiff sued for a certain share in certain lands on the following allegations:--He said that the lands in question belonged as a whole originally to one Bijyanarayan Chowdhry. This Bijyanarayan died leaving two daughters, viz., Chandramani and Gangamani. Chandramani died in 1242 (1835), Gangamani died in 1266 (1859). We are not told what became of this property during the 8 years from 1266 (1859) to 1274 (1867) (and this in itself is a rather suspicious circumstance), but in the year 1274 (1867) the plaintiff, the son of Gangamani, sued to recover one-half of the lands that had originally belonged to Bijyanarayan, and which had, it is now alleged, been alienated by Chandramani. The defendants pleaded the Statute of Limitations, alleging that the plaintiff's cause of action arose on the death of Chandramani in 1242 (1835), and that as he had not sued within 12 years of that date he was out of Court.
(2.) The lower appellate Court has held that limitation has not barred the suit.
(3.) The defendants appeal specially before us on the ground that this judgment is bad in law.;