State Of U.P.Through ... vs Ist Additional District Judge Lucknow & ... on 21 February
according to the 'state in which the question arises."
Article 271 of Mulla's Hindu Law provides inter alia as follows ... existence at the time of the alienation.
Article 271-A provides as follows :-
"A suit by a Hindu to set aside an alienation
Ganga Raju 31 M. 431 : 4 M.L.T. 271 refers to Articles 30 and 31 in support of his construction of Article ... defendant by the Magistrate was governed by Article 49 of the Limitation Act . Article 29 was never relied upon in that case
Mst. Noor Jahan Begum & Ors. vs . Mohd. Mustqeem & Ors. Page 1 Of 43
judgment, the Article that applies is Article 123 and the action is in time. But it is contended that this Article only applies to actions ... defendants nor their fathers were either. But, in my judgment, this Article applies to any one in possession of the estate and bound
either directly or indirectly to
proceedings under Article 32. Considerations which are relevant in
proceedings under Article 226 are wholly out of place ... only applicable to proceedings
under Article 226. At p. 271 of the report, Das Gupta, J., who spoke for
the court specifically referred to this
statutory period prescribed by Article 144 and their Lordships held that the suit was also barred under that article. Whether Article 44 applies ... respondent's contention is sound and the article of limitation to be applied is Article 144 the suit by the purchaser would be within
Prem Raj vs Ram Charan on 4 March, 1974
Equivalent citations: 1974 AIR 968, 1974
K. Manathunainatha Desikar vs Sundaralingam And Ors. on 16 January, 1970
Equivalent citations: (1970)2MLJ156
Privy Council on this very Article 124 in Gnanasambanda Pandard Sanhodhi v. Velu Pandaram 23 M. 271 ... though Article 124 was not considered td apply---why, is not apparent---it was held that the suit might be governed by Article 144 , which