STATE Vs. JATHAVEDAN NAMBOORIPADU

JUDGEMENT

(1.) THE defendant (State of Travancore-Cochin) in O. S. No. 31 of 1954 of the District Court of Trivandrum is the appellant before us. THE Madhom of the plaintiffs is entitled to an annual Thiruppuvaram of 28 4 paras of paddy in respect of the property specified in Para. 2 of the plaint. By Ext. A dated 19-7-1915, a judgment of the High Court of Travancore, the liability of the state in respect of the Thiruppuvaram was fixed at 12. 5 paras of paddy per year and the claim in the suit is for arrears of Thiruppuvaram at 12. 5 paras of paddy from 1-5-1117 till the date of suit, that is, till 3-7-1129 (15-2-1954 ). According to the State the claim is governed by Art. 115 of the Indian Limitation act, 1908 (3 years) and according to the respondents the article applicable should be Art. 131 of the said Act (12 years ). THE respondents have also an alternative contention to the effect that if Art. 131 is held to be inapplicable, the article applicable is still not Art. 115, but Art. 120 (. 6 years ). This question of limitation is the only question that arises for consideration in this appeal.

(2.) THE learned District Judge held that the article applicable was Art. 132 of the Indian Limitation Act (12 years ). He based his conclusion on some decisions of the High Court of Travancore on the corresponding article Art. 119 - of the Travancore Limitation Act, 1100.

(3.) IN the light of I. L. R. 7 All 502 counsel for the respondents did not seek to support the conclusion of the trial court that the article applicable is Art. 132 of the INdian Limitation Act.