JAGADGURU GURUSHIDDASWAMI GURU GANGADHARSWAMI MURUSAVIRNATH Vs. DAKSHINA MAHARASHTRA DIGAMBAR JAIN SABHA

JUDGEMENT

(1.) This appeal is directed against a judgment and decree of a Division Bench of the Bombay High Court dated October 19, 1949 affirming, in appeal, those of the Civil Judge, Hubli passed in Special Suit No. 21 of 1924.

(2.) The facts of the case lie within a short compass and the whole controversy, so far as this appeal is concerned, centres round the short point as to whether or not the plaintiff's suit is barred by limitation. Bath the Courts below have decided this point against the plaintiff and he has come up on appeal before us.

(3.) To appreciate the contentions that have been canvassed before us, a brief resume of the material facts will be necessary. The plaintiff-appellant is the spiritual head or Mathadhipati of a 'Linlayet Math' known as 'Murusavisrath' situated within Hubli Taluka in the district of Dharwar. On November 13, 1887 Gurusidhwaswami, who was the then head of the religious institution, granted a permanent lease of a tract of land belonging to the Math and forming part of R. S. No. 34, in favour of one Pradhanappa and the rent agreed to be paid by the lessee was Rs. 50/- per annum for the first six years and thereafter at the rate of Rs. 25/- annually.