KALIPADA CHAKRABORTI AND ANOTHER versus PALANI BALA DEVI AND OTHERS

KALIPADA CHAKRABORTI AND ANOTHER versus PALANI BALA DEVI AND OTHERS

Article 124 of the Limitation Act, 1908, applies to a suit by reversioners for possession of a shebaiti right. In such cases, possession of the office by an alienee under an invalid sale by a Hindu widow is not adverse to the reversioners until the widow's death, as they do not claim through or from the widow but from the last male holder. Therefore, adverse possession by the alienee against the widow does not bar the reversioners, and limitation begins to run against the reversioners only when succession opens to them on the widow's death.

Parties
Appellant: Kalipada Chakraborti and Another; Respondent: Palani Bala Devi and Others
Jurisdiction
India
Judgment Date
16 January 1953
Procedural Posture
Civil Appeal / Appeal Against a Judgment and Decree of the Calcutta High Court Reversing the Decree of the Subordinate Judge, 3rd Court, 24 Parganas in Title Suit No. 53 of 1944
Outcome
Appeal allowed.
Legal Topics
Shebaiti Right, Succession by Widow, Nature of Widow's Rights, Alienation by Widow, Suit by Reversioner Against Alienee, Limitation Act, 1908, Articles 124 and 141, Adverse Possession Against Widow and Reversioner
Hindu Law Law of Limitation Religious Endowments Shebaiti Right Succession by Widow Nature of Widow's Rights Alienation by Widow Suit by Reversioner Against Alienee +2 more

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Parties

Kalipada Chakraborti and Another

Appellant

Palani Bala Devi and Others

Respondent

Procedural Posture

Civil Appeal / Appeal Against a Judgment and Decree of the Calcutta High Court Reversing the Decree of the Subordinate Judge, 3rd Court, 24 Parganas in Title Suit No. 53 of 1944

Legal Issues

  1. 1 Whether Article 124 or Article 141 of the Limitation Act applies to a suit by reversioners to recover a shebaiti right alienated by a Hindu widow.
  2. 2 When does limitation begin to run against reversioners in such cases—whether adverse possession against the widow is also adverse against the reversioners.

Ratio Decidendi

Article 124 of the Limitation Act, 1908, applies to a suit by reversioners for possession of a shebaiti right. In such cases, possession of the office by an alienee under an invalid sale by a Hindu widow is not adverse to the reversioners until the widow's death, as they do not claim through or from the widow but from the last male holder. Therefore, adverse possession by the alienee against the widow does not bar the reversioners, and limitation begins to run against the reversioners only when succession opens to them on the widow's death.

Court Disposition

Appeal allowed.

Orders

  • The judgment and decree of the High Court are set aside.
  • The judgment and decree of the trial judge are restored.