PONNAMMA PILLAI INDIRA PILLAI Vs. PADMANABHAN CHANNAR KESAVAN CHANNAR KESAVABHAVANAM
HIGH COURT OF KERALA
PONNAMMA PILLAI INDIRA PILLAI
PADMANABHAN CHANNAR KESAVAN CHANNAR KESAVABHAVANAM
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(1.) THE plaintiffs are the appellants. In this appeal we are concerned only with plaint Items 1 to 5 of A Schedule properties. These items belonged to the marumakkathayam joint family of the plaintiffs. They were originally allotted to the tavazhl of their mother Ponnamma in a partition in their tarwad. Ponnamma died sometime in 1941, leaving the two plaintiffs, both minors, as the sole surviving members of the joint family. On 9-6-1943, when the plaintiffs were minors, their father the 4th defendant, purporting to act as their guardian, and their maternal grandparents, sold the properties to the 1st defendant by Ext. P-1 and put him in possession. The suit was for recovery of possession of the properties after setting aside the sale deed for the reason that the executants were incompetent in law to alienate the properties, and it was filed in forma pauperis on 1-2-1954.
(2.) THE 1st defendant gifted the properties to his children, defendants 5 and 6, by ext. D-6 dated 7-10-1949. The Courts below have found that Ext. D-6 came into effect, and that defendants 5 and 6 got possession thereunder. When the suit was filed on 1-2-1954, the 1st plaintiff had attained the age of 21. but the 2nd plaintiff was a minor, as he was only 14 years old. Defendants 5 and 6 Were made parties to the suit on 9-8-1955, and so the suit can be regarded as brought against them only on the date When they were impleaded, by virtue of Section 22 of the limitation Act 1908. In other words, they were impleaded in the suit more than three years after the 1st plaintiff became major and had thereupon became the manager of the family.
(3.) BOTH the Courts below held that the suit to recover possession of these items was barred by limitation. They apparently relied upon Sections 7 and 8 of the limitation Act, 1908, hereinafter referred to as the Act, to come to that conclusion.;
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