VELAYUDHAN PILLAI GOPALA PILLAI Vs. MATHEW KOSHY

JUDGEMENT

(1.) The appellants sued to set aside a sale deed Ext. P1 dated 28-3-1115 executed by their mother, to the 1st defendant. The suit was on behalf of their sub tarwad and on the ground that the alienation was not supported by consideration or by tarwad necessity. The suit was instituted on 8-12-1126. As originally laid, the suit was only against defendants 1 to 4, the 1st defendant, being the alienee, the 2nd defendant being the mother of the plaintiffs and the alienor under Ext. P1, and defendants 3 and 4 being the sons of the 1st defendant. Defendants 5 to 7 were impleaded in pursuance of an application made for the purpose on 2-10-1127. At the time of the institution of the suit, the 1st plaintiff was a major, having become such on 8-9-1124. The remaining plaintiffs were minors on the date of the institution of the suit.

(2.) Defendants 5 to 7, the newly impleaded parties, raised inter alia the contention that the suit against them was barred by limitation.

(3.) The Trial Court found that the document was supported by consideration, but not by tarwad necessity, and decreed the suit as prayed for. On appeal, the lower appellate court found that the transaction was supported by consideration only to the extent of Rs.100/-, but that it was not for tarwad necessity. It further found that the suit was barred by limitation, as against defendants 5 to 7 they having been impleaded in the suit only beyond 13 years from the date of Ext. P1 and also beyond three years of the date of attainment of majority of the 1st plaintiff. In the result, it decreed plaintiffs' suit as against defendants 1 to 4 and dismissed the same as against defendants 5 to 7. The plaintiff has preferred this Second Appeal.