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Judgment
6 paragraphs · 155 wordsWe 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.
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.