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1934 Supreme(Mad) 338

HORACE OWEN COMPTON BEASLEY, KT.
Vedagiri Sastriar – Appellant
Versus
Jagathguru Sankarachariar Swamigal – Respondent


JUDGMENT

Horace Owen Compton Beasley, Kt., C.J.

1. This is an appeal from a judgment of Pakenham Walsh, J. in S.A. No. 396 of 1929. The plaintiff is the appellant here and was a hereditary stanika office-holder of the temple of Sri Kamakshi Amman in Conjeeveram. The first defendant in the suit is the trustee of the temple and the second defendant is his agent. The suit was for the recovery of emoluments due to the plaintiff from 31st December, 1918 to 11th February, 1919. The suit was filed on 10th January, 1924, more than three years and less than six years from the date of the cause of action. One plea taken at the trial was that the suit was barred by limitation. The trial Court, the lower Appellate Court and Pakenham Walsh, J. have upheld that plea. At the outset it must be stated that the emoluments sued for were received by the appellant in kind, that is to say, so many measures of rice and also food offerings. These have been assessed in the plaint at Rs. 81-14-4. The question here is which Article of the Limitation Act applies. Both the lower Courts and also the second Appellate Court have applied Article 102 following Baradwaja Mudaliar v. Arunachala Gurukkal I.L.R.(1917) 41




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