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1955 Supreme(Ker) 65

SANKARAN, IYENGAR
Radhakrishna Menon – Appellant
Versus
Chandrasekhara Menon – Respondent


Judgment :-

1. The appellants are four out of five members of a Nair Tarwad. They brought a suit in forma pauperis for a declaration that certain alienations effected by their mother in respect of their sub-tarwad properties were not binding upon their sub-Tarwad and for recovery of their 4/5th share after partition by metes and bounds. First defendant is the eldest brother of the appellants and, as such, the Karnavan of the sub-Tarwad. But it was alleged that he was residing in a foreign place and had failed to recover the properties or otherwise protect the interests of the sub-Tarwad. Defendants 2 to 6 represent the alienees. They contested the suit inter alia on the ground that the suit was barred by limitation in as much as more than 3 years had elapsed since the 1st defendant attained majority and that the 1st defendant had failed to institute the suit questioning the alienations within time. The trial court dismissed the suit on the basis of its finding on the preliminary issue that the suit was barred by limitation. Hence the appeal.

2. Two question were argued before us by the learned Counsel for the appellants. One is with regard to the findings as to limitation. The other











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