S. Ramachandra Iyer, C.J.—

This appeal which is filed against the judgment of Kailasam, J., under Clause 15 of the Letters Patent, raises a question of limitation. The appellants with their elder brother constituted a Hindu joint family. They instituted a suit (which has given rise to this appeal) for setting aside a sale of a joint family property effected by the latter in the year 1942 (28th June, 1118, M.E.) in favour of the respondent and for recovery of possession of that property. At the time of the sale, the appellants were minors. Their mother, as their natural guardian joined her eldest son and executed the document.

On 21st January, 1953, admittedly more than three years after the appellants attained the age of majority, but within 12 years from the date of the alienation, the present suit was instituted. The alienee pleaded inter alia, that the suit must be held to be barred by Article 44 of the Limitation Act. Both the Courts below without much discussion overruled the plea of limitation. They concurrently found that the sale was supported by consideration only in part and they passed a conditional decree for possession in favour of the appellants and against the responde

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