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1933 Supreme(Mad) 68

MADHAVAN NAIR
Arumugam Pillai – Appellant
Versus
Khazi Mohideen Sheriff Sahib – Respondent


JUDGMENT

Madhavan Nair, J.

1. A.S. Nos. 75 and 76 of 1927.-Both these appeals arise out of O.S. No. 2 of 1924 instituted by the plaintiffs, described as the mullas or trustees of a Muhammadan mosque at Paramathi. The suit is for the recovery of two items of property said to have been improperly alienated by the previous trustees. Appeal No. 75, in which the 1st defendant is the appellant, relates to item 1, the alienation of which was effected in his favour under three sale deeds, Exs. D.D (1) and D (2), dated 17th February, 1901, 19th April, 1901 and 3rd May, 1901, respectively. Item 2 was alienated in favour of the 2nd defendant, the appellant in A.S. No. 76, under two documents, Exs. E and E (1), dated 7th October, 1900 and 19th April, 1901, respectively. The present suit was instituted on 9th January, 1924. The main question in these appeals is whether the suit is barred by limitation under Article 134 or Article 144 of the Limitation Act. Article 134 specifies 12 years as the period of limitation for a suit "to recover possession of immovable property conveyed or bequeathed in trust or mortgaged and afterwards transferred by the trustee or mortgagee for a valuable consideration"














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