ORDER

1. THIS APPEAL BY GRANT OF SPECIAL LEAVE IS DIRECTED AGAINST THE JUDGMENT OF THE HIGH COURT OF JUDICATURE AT MADRAS IN SECOND APPEAL NO. 831 OF 1992 WHEREIN THE HIGH COURT AFTER REVERSING THE JUDGMENT AND DECREE PASSED BY THE FIRST APPELLATE COURT HAS DISMISSED THE SUIT FILED BY THE PLAINTIFF-APPELLANT. NAGAPPAN, THE APPELLANT HEREIN, IS THE SON OF RESPONDENT 4 PERIATHAMBI @ KARUPPANA GOUNDER (FATHER) AND RESPONDENT 5 SMT. KARUPPAYAMMAL (MOTHER).

2. RESPONDENT 4 EXECUTED A REGISTERED DEED OF SETTLEMENT ON 1-5-1963 IN FAVOUR OF THE APPELLANT AND APPOINTED RESPONDENT 5 AS HIS GUARDIAN AS THE APPELLANT WAS A MINOR AT THAT TIME. ON 21-5-1963 A PARTITION TOOK PLACE BETWEEN RESPONDENT 4, HIS FATHER AND HIS BROTHER. THE PARTITION WAS EFFECTED BY A REGISTERED DEED OF PARTITION. BY VIRTUE OF THIS DEED THE SUIT PROPERTY CAME TO BE ALLOTTED TO RESPONDENT 4. ACCORDING TO THE APPELLANT, THE COMBINED EFFECT OF THESE TWO DOCUMENTS IS THAT HE BECAME THE ABSOLUTE OWNER OF THE SUIT SCHEDULE PROPERTIES.

3. ON 6-7-1964, RESPONDENT 4 CREATED A MORTGAGE (EXHIBIT A-3) OF SUIT PROPERTY IN FAVOUR OF SELLABBA GOUNDER, HIS AUNTS HUSBAND. ON 6-6-1970 RESPONDENTS 4 AND 5 SOLD ITEM 1 OF THE PROPERTY VIDE SALE DEED (EXHIBIT A-4) IN FAVOUR OF DEFENDANT 1. FURTHER ON 12-8-1970, RESPONDENTS 4 AND 5 EXECUTED A SALE DEED (EXHIBIT A-5) IN FAVOUR OF DEFENDANT-RESPONDENTS 2 AND 3 (DEFENDANT-RESPONDENTS 1 TO 3 WOULD HEREINAFTER BE REFERRED TO AS "THE VENDEE RESPONDENTS"). DURING ALL THIS TIME, THE APPELLANT WAS A MINOR. AFTER ATTAINING MAJORITY AND WITHIN THE PERIOD OF LIMITATION, THE APPELLANT FILED A SUIT CLAIMING TWO MAIN RELIEFS FOR:

"(A) A DECLARATION, DECLARING THE TITLE OF THE PROPERTIES DESCRIBED IN ITEMS 1 AND 2 OF THE PLAINT SCHEDULE IN FAVOUR OF THE PLAINTIFFS;

(B) DIRECTING DELIVERY OF POSSESSION OF ITEM 1 OF THE SCHEDULE MENTIONED PROPERTY BY THE 1ST DEFENDANT TO THE PLAINTIFF AND ITEM 2 OF THE SCHEDULE MENTIONED PROPERTY BY DEFENDANTS 2 AND 3 TO THE PLAINTIFF, FAILING WHICH, DELIVERY OF THE SUIT PROPERTY BY COURT AMENA."

4. IN ADDITION TO THE AFORESTATED RELIEFS, THE APPELLANT ALSO ASKED FOR A DECREE FOR PAYMENT OF THE MESNE PROFITS, PAST AS WELL AS FUTURE.

5. ON THE PLEADINGS OF THE PARTIES, THE TRIAL COURT FRAMED ISSUES. APART FROM ISSUES ON MERITS, ISSUE REGARDING LIMITATION WAS ALSO FRAMED. THE TRIAL COURT DECIDED THE ISSUES ON MERIT IN FAVOUR OF THE APPELLANT BUT CAME TO THE A CONCLUSION THAT THE SUIT HAD BEEN FILED BEYOND THE PERIOD OF LIMITATION PRESCRIBED UNDER THE LIMITATION ACT, 1963 AND DISMISSED THE SUIT AS BARRED BY TIME. AGGRIEVED AGAINST THE JUDGMENT AND DECREE OF THE TRIAL COURT, THE APPELLANT FILED FIRST APPEAL WHICH WAS ACCEPTED. THE FIRST APPELLATE COURT AFFIRMED THE FINDING RECORDED BY THE TRIAL COURT ON MERITS AND REVERSED THE FINDING OF THE TRIAL COURT ON THE POINT OF LIMITATION. IT WAS HELD THAT THE SUIT B HAD BEEN FILED WITHIN LIMITATION. THE JUDGMENT AND DECREE OF THE TRIAL COURT WAS SET ASIDE AND THE SUIT WAS ORDERED TO BE DECREED.

6. VENDEE RESPONDENTS, BEING AGGRIEVED, FILED SECOND APPEAL NO. 831 OF 1992 IN THE HIGH COURT OF JUDICATURE AT MADRAS IN WHICH THE FOLLOWING THREE QUESTIONS OF LAW WERE FRAMED AT THE TIME OF THE ADMISSION OF THE APPEAL:

"1. WHETHER THE LOWER APPELLATE COURT IS RIGHT IN DECREEING THE SUIT FOR RECOVERY OF POSSESSION OF THE ENTIRE SUIT PROPERTIES WHEN THE SETTLEMENT DEED EXT. A-I UNDER WHICH THE PLAINTIFF CLAIMS TITLE, COVERS ONLY AN EXTENT OF 1.66 2/3 ACRES OUT OF 3.50 ACRES?

2. WHETHER THE SUIT FOR RECOVERY OF POSSESSION IS MAINTAINABLE IGNORING THE SALE DEEDS EXTS. A-4 AND A-5 ESPECIALLY WHEN THE PLAINTIFF WAS AN NOMINEE PARTY TO THE SAME AND WITHOUT A PRAYER FOR SETTING ASIDE THE SAME?

3. WHETHER THE LOWER APPELLATE COURT IS RIGHT IN ACCEPTING EXT. A-7 BIRTH EXTRACT AS THE CONCLUSIVE PROOF OF THE AGE OF THE PLAINTIFF OVERLOOKING THE PROBATIVE VALUE OF THE SAME?"

7. THE COUNSEL FOR THE VENDEE RESPONDENTS ARGUED ALL THE THREE SUBSTANTIAL E QUESTIONS OF LAW FORMULATED. BUT THE HIGH COURT BEING O