GOBIND CHANDRA SARMA MAZOOMDAR Vs. ANAND MOHAN SARMA MAZOOMDAR AND OTHERS
HIGH COURT OF CALCUTTA
GOBIND CHANDRA SARMA MAZOOMDAR
ANAND MOHAN SARMA MAZOOMDAR AND OTHERS
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(1.) In this case the plaintiff sued for possession of a certain property. He alleged that sometime previous to the year 1256 (1849) this property was held by one Shib Chandra Sarma and the Sanna defendants, as members of a joint family. One Rambha, widow of Shib Chandra, succeeded to Shib Chandra's rights in the property sometime before the year 1255 (1848), and in that year, the plaintiff alleged, that by a batwara then made, the present property in dispute fell to his mother's share of the joint family property. He then stated that the Sarma defendants dispossessed his mother in the year 1256 (1849); that he, by permission of his father, was adopted by his mother in the year 1258 (1851); that he was then a minor, and so continued up to the year 1272 (1865); that in that year he came of age, and this suit was filed on the 21st Aswin 1273 (September 1866).
(2.) The defendants objected that, inasmuch as the cause of action commenced to run from the year 1256 (1849), and inasmuch as the plaintiff had not sued until the year 1273 (1866), the plaintiff was out of Court by the application of the Statute of Limitation. On the other hand, the plaintiff pleaded the special protection afforded by the provisions of Section 11, * Act XIV of 1859. The lower Appellate Court has held, that the suit is barred by the application of the Statute of Limitations.
(3.) In appeal the plaintiff urges, that, as he was not adopted until the year 1258 (1851), so his cause of action did not arise until that year, and that, as from that year until the year 1272 (1866) he was a minor, and as he sued within one year of his coming of age, so he was within time under the provisions of Section 11, Act XIV of 1859.;
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