1908 (5) TMI 1

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....ound that it is barred by limitation under Article 91 of the second schedule to the Limitation Act. The only question for determination in this appeal is whether that article governs the suit. The plaintiff's case was that he and his nephew Ramdeo executed a sale deed of certain zarnindari property in favour of the defendant Musammat Phuljhari on the 27th of June 1899; that the sale was a fict....

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....e awarded to him against the defendant. The Court of first instance held that the sale was a fictitious transaction and dismissed the claim. On appeal the learned Judge came to the conclusion that the suit was time-barred, having been brought after three years from the date of its execution. This view of the learned Judge appears to us to be erroneous. The claim was not to set aside the sale deed,....