Judgement

Appeal (No. 98 of 1927) from a decree of the High Court (February 17, 1925) reversing a decree of the Subordinate Judge of Poona (January 22, 1923).

The suit was brought by the appellants in 1920 against the respondents for a ninth share of property which was in their possession as joint family property. They claimed part through the third appellant Nana. The respondents denied that Nana was a member of their joint family, but on appeal to the High Court they withdrew that defence and relied on the Indian Limitation Act, 1908, Sch. I., art. 127, alleging that they had excluded Nana from the joint family and that that exclusion was known to him

29 Law Rep. 56 Ind. App. 316 ( 1928- 1929) Radhoba Baloba Vagh V. Aburao Bhagwantrao Shirole

130

more than twelve years before the suit.

The Subordinate Judge made a decree for the plaintiffs, but the High Court (Macleod C.J. and Coyajee J.) held that the suit was barred by art. 127.

1929. May 2, 3, 6. Dunne K.C. and E. B. Raikes for the appellants. The onus was upon the respondents to prove an intention by them to oust Nana from the joint family, and that Nana knew of that intention more than twelve years before the suit. No act or