Suit filed after three years from date of minor attaining majority, is barred by limitation.

(Second Appeal preferred under Section 100 of the CPC, as against the judgment and decree dated 25.11.1993 rendered in A.S.No.40 of 1993 by the Subordinate Judge, Sankagiri thereby confirming the judgment and decree dated 8.3.1993 rendered in O.S.No.562 of 1983 by the District Munsif, Mettur.)

The 4th defendant is the appellant.

2. The first respondent herein, as plaintiff, has filed the suit for declaration, that he is the owner of the suit property, and for possession. The claim is based upon Ex.A.1 settlement deed dated 4.8.1969, executed by his father Srinivasan, who is the second respondent in the appeal. After the settlement deed, it seems, the father had alienated a portion of the suit property in favour of the appellant/4th defendant, for himself and as guardian of the plaintiff, under Ex.A.2 document dated 24.5.1972. The plaintiff, questioning this Ex.A.2 sale deed and another sale deed executed by defendants 2 and 3 in favour of the 5th defendant under Ex.A.3, dated 23.1.1976, has filed the suit for declaration and possession, as if those sale deeds will not bind him, since the properties belonged to him, as his separate properties, which cannot be sold by the guardian.

3. The defendants 4 and 5 contested the suit jointly alleging that the suit properties belong to the joint family and therefore, the settlement deed executed by the father is not valid; that the suit is barred by limitation and the suit as framed, is not maintainable, probably without a prayer to cancel the sale deeds, paying appropriate court fee, and that the document relied on by the plaintiff is not a settlement deed, whereas it is a Will.

4. The trial Court, framing necessary issues, proceeded with the trial of the case and at that time, on behalf of the plaintiff, he examined himself as P.W.1 and on behalf of the defendants 2 witnesses have been examined as D.Ws.1 and 2, including the fourth defendant. The plaintiff has produced three documents and the contesting defendants have produced five documents.

5. The learned District Munsif, while evaluating the above materials, came to the conclusion that the contesting defendants have failed to prove, that the suit properties belong to the Hindu joint family whereas it is established that the property was owned and possessed by Srinivasan as his self acquired property and Ex.A.1 is not a Will whereas it is only a Settlement Deed; that Srinivasan has no right to alienate the property and in fact, he has also not sold the property as guardian; that the suit, framed as such, is maintainable since there is no need to set aside the sales since the sales are void and that the suit is not barred by limitation. Thus taking the conclusion, the suit was decreed, as prayed for, as per the judgment dated 8.3.1993, which was under challenge at the instance of the fourth defendant alone, in A.S.No.40 of 1993. The 5th defendant, who suffered a decree in respect of certain portion of the property, has not preferred any appeal and therefore, as far as the decision rendered by the trial Court, regarding the property purchased by the 5th defendant, reached finality.

6. The first appellate Court, by going through the judgment rendered by the trial Court, as well as re-assessing the oral and documentary evidence, had come to the conclusion that the decision, rendered by the trial Court, on all issues, is in accordance with law and there is no reason to interfere with the finding. In this view, confirming the decree and judgment of the trial Court, the appeal came to be dismissed on 25.11.1993, which is under challenge in this Second Appeal.

7. This Court, while admitting the Second Appeal, has formulated the following Substantial Question of Law:

"Whether the suit, as framed, is maintainable in the absence of a prayer for setting aside Ex.A.2?"

8. Heard Mr. V. Krishnan, learned counsel for the appellant. Despite sufficient opportunity given even by adjourning the case, no representation for the plaintiff/contesting re