VAITHIALINGA MUDALIAR Vs. SRIRANGATH ANNI

JUDGEMENT

(1.) These are nine consolidated appeals from a decree, dated November 15, 1916, of the High Court at Madras which varied a decree, dated September 4, 1908, of the Subordinate Judge of Nagapatam,

(2.) The suit in which these appeals have arisen was brought in the Court of the Subordinate Judge on July 2 1905, by three plaintiffs, who were reversionera of Arunachala Mudaliar, against thirty-eight defendants for the possession of lands which were alleged by the plaintiffs to be lands of the Kulikara estate in the District of Tanjore and for mesne profits. The title of the plaintiffs to sue was denied by the defendant on various grounds, of which those which are now important and have to be considered are whether the suit was not barred by the result of a litigation which began in 1887 and ended in a final decree in 1892, and whether the suit was not otherwise barred by the law of limitation.

(3.) The Kulikara estate admittedly belonged to Arunachala when he died in 1849. He was then about twenty-two years of age. The family to which he belonged were Hindus of the sudra caste. He had been adopted by Vaithialinga Mudaliar, a relation who was descended from an ancestor from whom Arunachala also was descended. The plaintiffs are the three sons of Chokkappa Mudaliar, who was the youngest of three brothers by birth, that is natural brothers, of Arunachala. Arunachala died childless, leaving a widow, Chokkamal, who died on December 25, 1902, within twelve years before this suit was instituted. She was a defendant to the suit with which the litigation of 1887 commenced. It will be necessary to refer at some length to that litigation. The following pedigree will show Arunachala and his natural brothers and some other persons :-