NARAYANAN NAMBOODIRIPAD Vs. KUTTI AMMA

JUDGEMENT

(1.) It was held by this Court in S. A. No. 364 of 1962 that the decision in 1958 KLJ 798 did not relate to a suit to enforce a charge on property but only to enforce payment by the State. In a suit for recovery of arrears of Thiruppuvaram, the Article of the Limitation Act that would be applicable would be Art.132. The decision in 1958 KLJ 798 does not apply to a suit for such recovery. In view of this, the finding of the courts below that the period of limitation for recovery of arrears of Thiruppuvaram charged on the immovable property is only six years has to be set aside. The court below has purported to follow the decision in 1958 KLJ 798 without understanding the scope of the decision. Hence I have to hold that the courts below were in error in dismissing the claim beyond six years as being barred.

(2.) In the result, I set aside the decrees of the courts below and grant a decree to the plaintiff for recovery of arrears of thiruppuvaram for a period of 12 years prior to the institution of the suit with interest at 6% from the respective dates (31st of Karkadagom every year) on which the amount has become due. Interest at 5% per annum is allowed on the principal amount from the date of suit till realisation. Since the courts below have decided in favour of the defendants on a misunderstanding of the decision of this Court, I think this is a case where I should direct the parties to suffer their costs. Ordered accordingly.