Judgement

Appeal (No. 91 of 1929) from two decrees of the Court of the Judicial Commissioner (March 20, 1924) varying a decree of the District Judge of Nagpur (December 14, 1920).

In 1917 the appellants, father and son, brought the present suit for possession of properties specified in schedules to the plaint. They alleged that all the properties were joint family properties on June 21, 1916, and that on the death on that date of one Narayan Rao, they were entitled by survivorship.

The trial judge held that the only property in suit which was joint family property consisted of four villages and a half share in a shop. He held that there had been adverse possession for more than twelve years of all the property except the shop. But he held that as the plaintiffs had been in enjoyment of the rent of the shop their claim in respect of the four villages was not barred, having regard to the Indian Limitation Act, 1908, Sch. I., art. 127. [He referred to Kumarappa Chettiar v. Saminatha Chettiar, (( 1918) I. L. R. 42 M. 431.)] He accordingly decreed the plaintiffs their shares in the villages and shop, and subject thereto dismissed the suit.

Both the plaintiffs and the defendants appealed