MOHAMMED KUNJU Vs. SUDHAMMA

JUDGEMENT

(1.) THE 7th counter petitioner in O. P. (Pauper) No. 31/80 on the files of the Sub Judge, Quilon is the revision petitioner. THE order under challenge is one by which the court below has 'allowed the application aforesaid.

(2.) THE main reliefs prayed for in the petition reads:- THE documents which are sought to be set aside, it is said, are documents executed by defendants 8 and 9 in violation of the provisions contained in sub-sec. 2 of S. 8 of THE Hindu Minority and Guardianship act, 1956. According to the first respondent she became major on 11-5-1977 and since the suit was filed within three years from that date the same cannot be said to be barred by limitation. On the other hand the petitioner as also the other contesting respondents contended that the suit to set aside the documents was barred by limitation as the same was filed after three years of the first respondent becoming major.

(3.) THE petition under Order 33, under the circumstances mentioned above, requires to be rejected. I accordingly reject the same. THE order under challenge therefore is set aside. THE court below shall pass appropriate consequential orders under Order 33 Rule 15-a. C. R. P. is allowed. . .