MAHARANA FATTEHSANGJI JASWATSANGJI Vs. DESSAI KALLIANRAIJI HEKOOMUTRAIJI

JUDGEMENT

(1.) THE suit which has given rise to this appeal was brought by the Appellant in January, 1865, against the Respondent, to establish the right of the former to a toda giras huq upon the inam village of the latter, and to recover the arrears due in respect of that huq, for the seven years preceding the commencement of the suit. The annual amount alleged to be payable by the Respondent to the Appellant is Rs. 501; though it may be questionable on the 1 evidence whether this sum is the gross amount of the huq, or the net balance after deducting certain small payments and allowances to other persons which are mentioned in the accounts.

(2.) THE Respondent admitted, as his father in other proceedings had admitted, the existence of the huq, and that it had been paid by the inamdars of the village up to the Samvat year 1914 (corresponding with 1857-58); but contended that his father had then properly exercised a right to put an end to it; and, further, that the present suit was barred by the law of limitation.

(3.) THE substantial question considered in the Court below was, whether the suit, being one for the recovery of an "interest in immoveable property," fell within the 12th, or was to be governed by the 16th, clause of the 1st section of Act. XIV. of 1859. In the former case, the period of limitation would be twelve years, and the suit would be brought in time; in the latter case, the period of limitation would be only six years, and the suit would be barred.