High CourtsDivision Bench(1877) 03 AHC CK 0004

Musammat Jagesri Kuar vs Ram Nath Bhagat and Another

Allahabad High Court · Decided on 14 March 1877 · Citation: (1875) ILR (All) 371

HON’BLE JUDGES
Robert Stuart, C.J · Turner, J
RESULT
Disposed Off

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Judgment

6 paragraphs · 155 words
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 u/s 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.