Judgement

Appeal (No. 48 of 1919) from a judgment and decree of the High Court (October 19, 1916) reversing a decree of the temporary Subordinate Judge of Ramnad.

The suit was instituted in 1913 by the present respondents for possession of land in Madura forming part of the endowments of a math situated in Mysore State. The defendants were the present appellant, the head of the math (referred to as the pandara sannadhi or matathipathi), certain lessees from him, who were in possession, and others. The plaintiffs claimed under a permanent lease granted to them in 1891 by a former head of the math. They also claimed that they had acquired a good title under the Indian Limitation Act they relied on arts. 134 and 144 of the Schedule and s. 28. (Indian Limitation Act, 1908, Sch. I., art. 134, provides that for a suit “to recover possession of immovable property conveyed or bequeathed in trust or mortgaged and afterwards transferred by the trustee or mortgagee for a valuable consideration,” the period of limitation shall be 12 years from “the date of the transfer.” By s. 28 “At the determination of the period hereby limited to any person for instituting a suit for possession of any prope