CASAMALLY JAIRAJBHOY PEERBHOY Vs. SIR CURRIMBHOY EBRAHIM BART

JUDGEMENT

(1.) I will take the questions material to be answered- in this suit separately and in order of their difficulty and importance.

(2.) First of Limitation. The trustees contend that the plaintiff is now barred by the lapse of time from bringing this suit to have the trust-deed of the 7th of January 1886 set aside. Involved in this question is the application or otherwise of Section 10 of the Limitation Act. Further, whether in the event of there being adverse possession, time commenced to run in the life-time of the settlor Jairajbhoy Peerbhoy.

(3.) It appears clear that it is only in the event of the trusts or some of them being bad, that the question of limitation can arise. For, if the trust-deed in its entirety is good, then of course effect must be given to it irrespective of any question of the lapse of time.