NARAYANAN BATTATHIRIPAD Vs. ASHTAMOORTHI NAMBOODIRI

JUDGEMENT

(1.) THE plaintiff in O. S. No. 111 of 1120 of the District court of Kottayam is the appellant before us. THE properties belonging to his illom were partitioned among the members in 1105. THE partition deed is Ext. A dated 10th Edavam 1105.

(2.) BY that document item No. 1 of the plaint schedule was allotted to defendants 3 to 5 and items 2 and 3 (item 3 is a building in item 2) to the 2nd defendant who was a minor at that time in lieu of certain amounts belonging to his mother and utilised by the family. The relevant recital in ext. A regarding items 2 and 3 reads as follows:

(3.) THE trial court rejected the plaintiff's prayer and dismissed the suit. Various arguments were advanced before us in support of the appeal but as we have come to the conclusion that the suit was clearly barred by limitation as found by the trial court only the questions relating to issue 8 - Is the suit barred by limitation?-arise for consideration and are dealt with in this judgment.