BABY AMMAL Vs. K.N. RANGABABU AND ORS.

JUDGEMENT

(1.) THIS second appeal involves, a question of limitation. The appellant filed a suit O.S. No. 2441 of 1964 on, the file of the City Civil Court, Madras for a declaration that the family arrangement entered into on 14th February, 1958. Between her and the defendants is null, void and not binding on her, That suit came to be dismissed on the ground that it is barred by limitation. The question therefore is whether the appellant's suit is within time as urged by her.

(2.) THE plaintiff is the sister of the defendants in the suit and they are the children of one Nadhamuni Naidu. They purported to enter into a family arrangement under a registered document dated 14th February, 1958 along with their father who was then alive. Under the terms of the document the defendants are to take the various items of properties for themselves on condition that they have to purchase a property for a sum of Rs. 15,000 as a provision for the plaintiff on or before 1st January, 1960. The plaintiff complains that neither the said sum of Rs. 15,000 had been paid in cash nor a property had been purchased in her name as provided in the document. Hence she has filed the present suit for a declaration that the said family arrangement is null and void as the document is vitiated by fraud, coercion and undue influence. It was the plaintiff's case that even if the document is not null and void, as the defendants have not performed their obligations under the arrangement, the document is inoperative. At this stage we are not concerned with the other defences put forward by the defendants as the only question that has to be considered now is the question of limitation.

(3.) THE lower appellate Court also agreed with the view of the trial Court and held hat the suit not having been filed within 6 years from the date of the family arrangement, under Article 120 of the Limitation Set of 1908, the suit was out of time.