RAMCHANDRA JIVAJI Vs. LAXMAN SHRINIVAS

JUDGEMENT

(1.) This is an appeal from a decree dated March 17, 1937 of the High Court of Judicature at Bombay, which reversed a decree dated April 23, 1932, of the Court of the First Class Subordinate Judge of Belgaum and dismissed the plaintiff's suit.

(2.) The question for the determination in the appeal is whether the plaintiff's (appellant s) suit for recovery of possession of the suit properties is barred by Art. 91 of the Indian Limitation Act, 1908, (Act No. IX of 1908). This article prescribes a period of "three years" for a suit "to cancel or set aside an instrument not otherwise provided for" and time begins to run "when the facts entitling the plaintiff to have the instrument cancelled or set aside become known to him.

(3.) The table given below shows the relationship of the parties to the suit who are members of a Hindu family descended from one Balaji Kanago :