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DEVADOSS
Rama Reddy – Appellant
Versus
Ranga Dasan – Respondent
The legal fiction that an idol is considered a perpetual minor implies that the idol cannot assert majority or ownership rights independently. Consequently, the management of the trust, including any alienation of trust property, does not confer a valid title to third parties through improper or unauthorized alienation. Since the idol cannot act or claim ownership in its own right, any transfer or alienation carried out by the trustee without proper authority is ineffective in establishing a valid title against the trust or the idol itself. Therefore, third parties acquiring property from a trustee who lacks the authority to alienate trust property do so at their own risk, and such alienations cannot be deemed legally valid or confer any enforceable rights against the trust or the idol.
Devadoss, J.
1. This is an appeal against the judgment of Madhavan Nair, J., giving a decree to the plaintiff. The 3rd defendant has preferred this Letters Patent Appeal. The question for determination is whether the suit is barred by Article 134 of the Limitation Act. The plaintiff is the trustee of a temple. The finding is that the property is the property of the temple. The contention of Mr. Ramachandra Aiyar is that the suit is barred under Article 134 inasmuch as the suit was brought more than 12 years after the date of the alienation. Article 134 gives a period of 12 years for the recovery of possession of immoveable property conveyed or bequeathed in trust or mortgaged and afterwards transferred by the trustee or mortgagee for valuable consideration. The argument advanced is that the suit is barred by Article 134 if the transferor is held to be a trustee and if he is not a trustee, then the suit is barred by reason of Article 144 of the Limitation Act. The finding that the transferor is a trustee cannot be challenged now. The simple question is therefore whether Article 134 applies to the case. It was decided in Vidya Varuthi v. Baluswami Aiyar (1921) ILR 44 M 831 : 4
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