KELU NEDUNGADI Vs. KRISHNAN NAIR

JUDGEMENT

(1.) WE are of opinion that the Malayalam words mentioned in the order of reference do not impose on a jenmi the obligation of proving " some special exigency" as a condition precedent to his right to recover " on demand" before twelve years.

(2.) WE think S.A. No. 1665 of 1898 was rightly decided and we dissent from the decision in Mahomed V/s. Ali Koya I.L.R. 14 M 76 that "special exigency" must be proved.