Court : Kolkata
Reported in : 62Ind.Cas.630
Krishnan, J.1. The main question argued in this second appeal is whether Article 44 of the Limitation Act applies to it or not. The plaint property originally belonged to the 1st defendant He executed a sale deed for it to his wife Irulayi, and the properly then became hers. The plaintiff is her only fan by the 1st defendant. She died some time ago and the lower Courts have held, and it is not disputed before us, that or her death the property passed to the plaintiff and he became solely entitled to it. In 1909 when the plaintiff was still a minor, his father, the 1st defendant, and his father's brother, one Palaniyandi now deceased, executed a sale deed, Exhibit I, to the 2nd defendant benami for the 4th defendant for the plaint property. In that deed the plaintiff is named as one of the vendors, the 1st defendant executing it on his behalf as his father and guardian; this is so expressly recited in the deed. The plea of limitation has reference to this deed, it being contended that t...
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