Mumbai Court September 1939 Judgments

Jivaji Keshav Bapat Vs. Venkatesh Krishna Byadgi

Court: Mumbai

Reported in: AIR1940Bom136; (1940)42BOMLR208

Wassoodew, J.1. The only question, which, in these three appeals, one (No. 332 of 1936) from a decree of the First Class Subordinate Judge of Belgaurn, the second and the third (Nos. 402 and 403 of 1937) from the appellate decrees passed by the District Judge of Belgaum, was dealt with in the Courts below and which arises for consideration before us, is whether a suit by a Hindu to set aside an alienation of the joint family property made before his birth by his grandfather without any justifying cause is barred by limitation, if instituted more than twelve years after the date of the alienation. The facts which raise that question can be shortly stated.2. The appellants-plaintiffs were members of a joint Hindu family governed by the Mitakshara law. Their grandfather Nagesh, who was along with his sons Keshav and Yeshvant in possession of the joint family property, effected sales of distinct parcels of that property to different individuals including the respondents in these appeals be...