Judgement

Appeal (No. 54 of 1941) from a decree of the High Court (March 17, 1937) which reversed a decree of the Court of the First Class Subordinate Judge of Belgaum (April 23, 1932).

The following facts are taken from the judgment of the Judicial Committee. The question for determination in this appeal was whether the plaintiffs (appellants) suit for recovery of possession of

09 Law. Rep. 72 Ind. App. 21 ( 1944- 1945) Ramchandra Jivaji Kanago V. Laxman Shrinivas Naik

110

the suit properties was barred by art.91 of the Indian Limitation Act, 1908 (Act IX. of 1908). That article prescribes a period of "three years" for a suit to cancel or "set aside an instrument not otherwise provided for,” and time begins to run "when the facts entitling the plaintiff to have the instrument cancelled or set aside become known to him." The table given below shows the relationship of the parties to the suit who were members of a Hindu family descended from one Balaji Kanago—

Balaji surnamed Kanago of Pachhapur. | ||

Annaji I Ramchandra I = Gangabai | alias Sitaram (predeceased | (died in 1889). her husband). |

Kashibai=Tammaji=Tungabai

(died in (died on

1900). 5-5-26).

|

| | | |

Jiwaji Guru Appaji =