Judgement

Appeal (No. 28 of 1943) from a judgment and decree of the High Court in its appellate jurisdiction (March 17, 1939), affirming a judgment and decree of that court made in its original jurisdiction (January 25, 1939).

The following facts are taken from the judgment of the Judicial Committee. In the suit which gave rise to the present appeal the appellant, as assignee of the purchaser from a member of a joint family of a one-sixth share in the joint family property, sued for partition of the family property and to have her one-sixth share allotted to her. She also sought, as assignee of a mortgage on another sixth share, to have her mortgage enforced ; but that part of the suit resulted in a decree in the present appellants favour for a trifling sum, and the only question raised in regard to that part of the case related to a question of costs. The question remaining in controversy was whether the appellants claim was barred by the law of limitation. The value of the interest which the appellant claimed was well under Rs. 10,000, probably about Rs. 3,000. The total value of the joint family property exceeded Rs. 10,000. There was no controversy as to the identity or extent