APPULA VADHYAR NARAYANA VADHYAR Vs. VENKATESWARA VADHYAR

JUDGEMENT

(1.) S. A. 86 of 1965 arises out of O. S. 131 of 1958 on the file of the Subordinate Judge's Court, Ernakulam and the plaintiff therein is the appellant.

(2.) The plaintiff in both the suits is the same. Yogia Vadyar had three sons Narayana Vadhyar, Narasinga Vadhyar and Krishna Vadhyar. Krishna Vadhyar died in 1067 leaving behind his widow Sathyabhama and daughter Padmavathi alias Puthi. Sathyabhama died in 1107. Thereafter Padmavathi died leaving behind two sons the plaintiff and his elder brother Vasudeva Vadhyar. The properties in the two suits were allotted to the share of Krishna Vadhyar in the family partition. O. S. 131 of 1958 is to set aside Ext. D1 sale deed dated 31-1-1090 executed by Sathyabhama and Padmavathi the latter also acting as the guardian of her minor sons in respect of the property in that suit in favour of Madhava Vadhyar. O. S. 55 of 1958 is to set aside Ext. P1 sale deed dated 31-10-1081 executed by Sathyabhama and Madhava Vadhyar regarding the property in that suit. The averments in both the plaints are that Padmavathi left her native place in 1092 to an unknown destination and since then she was not heard of and information was received that she died at Calcutta on 27-2-1951.

(3.) The suits were dismissed on the ground that they are barred by limitation because the plaintiff has not proved that the suits were filed within 12 years of the death of Padmavathi. The courts below concurrently found that the averment of the plaintiff that Padmavathi died on 27-2-1951 is not correct.