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1949 Supreme(Mad) 356

SATYANARAYANA RAO
Ethilavulu Ammal – Appellant
Versus
Pethakkal – Respondent


Advocates:
G.R. Jagadisa Aiyar and M. Ramachandran for Appellants.
T.P. Gopalakrishna Aiyar for Respondents.

Judgment

The defendants are the appellants in this Civil Miscellaneous ‘Appeal preferred against the order of remand by the learned Subordinate Judge of Dindigul. The plaintiff is the widow of one Thanipulli Naicker who died in 1933 though there is no evidence regarding the actual date of his death. Immediately after his death the father of the plaintiff executed a deed dated 27th June, 1933, (Exhibit P-1) acting as guardian of the plaintiff who was then a minor, in favour of the first defendant and his brother. Under the title so acquired the first defendant and his brother made various alienations of the properties in favour of the several defendants in the action. The plaintiff attained majority in 1941. She filed the present suit in forma pauperis on the 23rd March, 1945, to recover possession of the properties left by her deceased husband and she impeached the deed executed by the father as not bind, ing upon her. Various defences to the action were raised by the alienee-defendants and the principal question on which there was a difference of opinion between the Courts below is one of limitation. The first Court dismissed the suit on an erroneous view of the facts and the law u







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