THANUVAN SIVANANDAN Vs. BHAGVATHI JANAKI

JUDGEMENT

(1.) These appeals arise from Original Suits Nos. 124 of 1123 and 128 of 1122 of the District Court of Trivandmm. The two suits were by different junior members of an Ezhava sub-tarwad consisting of one Devayani Bhavani and her children. She had two sons Sivanandan and Divakaran and three daughters Visalakshi, Krishnamma and Savitri. Divakaran was the eldest of the children.

(2.) We are satisfied that both the appeals must fail on the ground of limitation. The sale deed in question was executed on 24-7-1109 and both the suits are filed beyond a period of 12 years from that date. So far as A. S. No. 89 of 1956 is concerned, though the plaintiff in that suit be-came a major only in 1121 that fact cannot save the suit from the bar of limitation, as the suit was one instituted on behalf of the sub-tarwad of which she is a junior member and as there were other junior members who were minors on the date of the transaction but who attained majority more than three years before the date of the institution of the suit.

(3.) In view of the conclusions we have reached on the question of limitation it is unnecessary to consider the other grounds raised by the appellant viz., whether the sale deed is unsupported by consideration and necessity. The contesting respondents have also raised the question of consideration and necessity in respect of a small part of the amount covered by the sale deed regarding which the learned Judge's finding is against them. It is unnecessary to decide this question as the suit must fail on the ground of limitation.