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1968 Supreme(Ker) 21

P.T.RAMAN NAYAR
D. S. Thampi – Appellant
Versus
Charles DCruz John DCruz – Respondent


Advocates:
Thayyil K. Vasudevan for Appellant, P. Raman Menon and K. Hrishikesan Nair, for Respondent 2.

JUDGMENT :

I think the Courts below rightly dismissed the plaintiff appellant's suit as barred by limitation, rightly applying Article 148 of the Limitation Act of 1908.

2. The plaint runs as follows :-

"1. The property described in the schedule below belonged to Puliyarathala tharwad of Madathuvilakom Muri, do. village.

2. Mathevan Kali, who was the Karnavan of the tharwad had given 3 items of properties including the plaint schedule items on otti and Kuzhikanam under document No. 1286 of 1958.

3. That right had devolved upon Pathummal Veeyammal. Easwari Narayani, a member of the Puliyarathala Tharwad obtained a transfer of the right under the said document by paying the full amount of 1000 fanams and obtained possession of the properties and was enjoying the properties.

4. While so, Eswari Narayani died and her special right devolved upon her four heirs, Velayudhan Pillai, Narayana Pillai, Parvathi Pillai and Govinda Pillai, each of them getting a right to 250 fanams of the ottiyartham.

5. While they were enjoying the properties under this special right, Govinda Pillai alienated his otti right and defendants 1 to 6 are enjoying the plaint schedule property on the devolution of that ri






















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