Judgement

Appeal from five decrees of the High Court (June 16, 1908), whereby a decree of the Subordinate Judge of Nuddea (November 28, 1898) was reversed so far as it granted any relief to the appellants, and their suit was dismissed with costs.

The questions decided in this appeal were whether the suit was barred by limitation.

The Subordinate Judge found that under the circumstances stated in their Lordships judgment there was no necessity for the widow granting the ijara in question, and held that the suit was governed by Act XV. of 1877, Sched, II., arts. 140 and 141, which provide twelve years limitation, and not by art. 91, which provides three years for a suit to cancel or set aside an instrument of the description in suit, calculated from the time when the facts entitling the plaintiff thereto became known to him.

The High Court held that, whether there was necessity for the ijara or not, it was at best only voidable, and that a suit to avoid it was, under the circumstances, barred by not having been brought within three years from the widows death. Its judgment on this point was as follows—

“In the present case it may be remembered that the defences of legal necessity and