JUDGMENT :

BANERJI, J.

1. This appeal arises in a suit brought by the respondent for possession of certain immoveable property which originally belonged to one Ibrahim Ali and of which a perpetual lease was granted to the applicant on 28th March, 1890, during Ibrahim Ali's minority, by his grandmother, who had been appointed, his guardian by the Court. The lease was granted by the guardian without previously obtaining the permission of the Court. Ibrahim Ali attained majority on 7th December, 1901 and on 21st of October, 1902, he sold the property to the plaintiff-respondent. It is by virtue of this sale that the plaintiff claims the property. In his plaint he also asks for the cancelment of the lease.

2. The Court of first instance held that the claim was barred by limitation, and accordingly dismissed the suit.

3. The Lower Appellate Court, differing from that court upon the question of Limitation, has set aside its decree and has remanded the case for trial on the merits.

4. The plea of limitation has been reiterated in this appeal and it is urged that article 91, schedule If, of the Limitation Act, governs this suit. The contention is that the lease is only voidable under section 30