LAWS(PVC)-1918-7-148

BANWARI LAL Vs. MAHESH

Decided On July 16, 1918
BANWARI LAL Appellant
V/S
MAHESH Respondents

JUDGEMENT

(1.) THE appellant is the plaintiff in this action, which was brought by him on the 2nd of January, 1913, against the present respondents and others to recover certain shares in the village of Ferozpur which had been conveyed by his father to Kali Prasad, the ancestor of the present respondents, defendants 1 to 24, by three deeds of sale, dated the 20th of April, 1889, the 6th of January, 1892, and the 13th of April, 1894.

(2.) BY the first a 2-anna share was conveyed for 4,000 rupees; by the second a 1-anna share for 2,000 rupees; and by the third a like share for a like amount.

(3.) THE point as to this plea turns upon these facts. The period for attacking such a sale in ordinary cases is fixed by Article 126 of the Indian Limitation Act at twelve years. But by Section 7: If a person entitled to institute a suit or make an application be, at the time from which the period of limitation is to be reckoned, a minor, or insane, or an idiot, he may institute the suit or make the application within the same period after the disability has ceased as would otherwise have been allowed from the time prescribed therefor in the third column of the second schedule hereto annexed.