Judgement

Appeal (No. 84 of 1920) from a judgment and decree of the High Court (August 31, 1916) affirming a decree of the temporary Subordinate Judge of Tanjore.

The suit was brought by the appellant in 1913 against the respondents for possession of immovable property which had been dedicated to the endowment of a food chattaram and other charitable objects by deeds of trust executed in 1890 by the appellants grandfather. The first respondent had purchased

00 Law Rep. 50 Ind. App. 295 ( 1922- 1923) Subbaiya Pandaram V. Mahamad Mustapha Maracayar

101

in 1898 at a sale in execution of a decree against the appellants father; the purchaser and the other respondents, who claimed under him, had since been in possession. In 1904, in a suit to which the first respondent had been joined as a party at his own request, a decree had been made declaring the validity of the trust, but no steps had been taken in consequence of that decree prior to the present suit.

The temporary Subordinate Judge of Tanjore dismissed the suit on the ground that it was barred by limitation, and that decision was affirmed, on appeal to the High Court, by Ayling and Srinivasa Ayyangar JJ.

1923. April 27. Kenworthy