Section 10 of the Limitation Act does not apply to leases for valuable consideration.

( 1 ) THIS second appeal has been referred to us by our learned brother, Basi Reddy J. , as it involves an important question of law as regards the true construction of Section 10 and Articles 134, 134-A and 134-B of the Limitation Act.

( 2 ) THE brief facts for purposes of determination of this question involved in the case may now be stated. The respondents have filed a suit for recovery of the suit schedule properties and for mesne profits and for future rents on the ground that the mutawallis were not empowered to grant the lease for more than three years. In the instant case, the leases that were granted by Mutawallis under Ex. B. 16, dated 21-5-1873 were for 92 years and under Ex. A-2 dated 16-1-1931 for 36 years. The appellants as defendants stated that they took the leases from the predecessors, in interest of the plaintiffs and that they have a right to be in possession of the suit lands and that, since the suit was filed after 12 years after the death of the husbands of plaintiffs 1 and 2, it is barred by limitation and further that the suit was not maintainable because the plaintiffs had accepted the rents subsequent to the death of the husbands of plaintiffs 1 and 2 which amounted to an acquiescence. Several issues were framed on those pleadings viz. ,"1. Whether the lease dated 16-1-1931 in favour of the defendants is not true, valid and binding on the plaintiff ? 2. Whether the receipts relied on by the defendants are true, valid and binding on the plaintiffs ? 3. Whether the plaintiffs are entitled to possession ? 4. Whether the grant in favour of plaintiffs is of both the warans ? 5. Whether plaintiffs are entitled to future profits for the years Jaya and Manmadha ? 6. Whether plaintiffs are entitled to any future profits at all ? 7. To what relief ?"an additional issue was also framed which is pertinent for the purpose of this second appeal viz. , whether any of the suit claims are barred by limitation. Before dealing with the actual question involved, it may be necessary to state that the suit was filed on 30-9-54. The death of the 2nd plaintiffs husband took place on 3-12-1941 as evidenced by the death extract, Ex. B 50 and in so far as the 1st plaintiffs husband is concerned, he died in or about 1940. On the pleadings, the trial Court held that the lease dated 10-1-1931 is true, but not binding on the plaintiffs, that the receipts of rent for two years, Jaya and Manmadha were true, valid and binding on the plaintiffs, that the plaintiffs were entitled to possession of the suit lands, that the grant in favour of the plaintiffs was of both the warams and that the plaintiffs were not entitled to future profits for the years Jaya and Manmadha as the amount was already paid. In so far as the other years are concerned, the trial Court held that the plaintiffs were entitled to recover rents. One other fact to which we would like to advert at this stage is that the rent which was reserved under the lease deed. Ex. B. 16 for an extent of 8 acres was Rs. 37 while the rent which was reserved under the lease deed, Ex. A. 2 for an extent of Ac. 3-50 cents was Rs. 19-12-7. The trial Court held on the additional issue that the suit was not barred, by limitation. In appeal, the first appellate Court also maintained that finding, The simple question in this appeal is whether Section 10 of the Limitation Act applies and if it dues not, then it is conceded that the period prescribed under Article 134-B would apply. Section 10 of the Act reads as follows :"notwithstanding anything hereinbefore contained, no suit against a person in whom property has become vested in trust for any specific purpose, or against his legal representatives or assigns (not being assigns for valuable consideration), for the purpose of following in his or their hands such property, or the proceeds thereof, or for an account ot such property or proceeds, shall be barred by any length of time. For the purpose of this section any property comprised in a H

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