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Laxmava Huchappa Nasipudi Vs. Rachappa Chanbasappa Karveershetti - Court Judgment

LegalCrystal Citation
SubjectLimitation
CourtMumbai
Decided On
Case NumberSecond Appeal No. 35 of 1917
Judge
Reported inAIR1918Bom180; (1918)20BOMLR408
AppellantLaxmava Huchappa Nasipudi
RespondentRachappa Chanbasappa Karveershetti
Excerpt:
.....of property by his guardian-suit to set aside the alienation.;a minor's mother and natural guardian sold his property. to set aside the sale, the present suit was brought more than three years after the minor attained majority :-;that the suit was barred under article 44 of the indian limitation act, 1908. - maharashtra scheduled castes, scheduled tribes, de-notified tribes (vimukta jatis), nomadic tribes, other backward classes and special backward category (regulation of issuance and verification of) caste certificate act (23 of 2001), sections 6 & 10: [s.b. mhase, a.p. deshpande & p.b. varale, jj] caste certificate petitioner seeking appointment against the post reserved for member of schedule tribe his caste certificate was invalidated subsequently held, his..........to deal in any way with the minor's property. this would make it conform to the principle of the privy council decision in the case of mata din v. ahmad ali i.l.r. (1911) all, 213, p. c which is cited with approval in their lordships' judgment. there appears to have been a slight error in quoting the conclusion of their lordships of the privy council, for a reference to that case will show that the limitation point under art. 44 was disposed of on the simple ground that the alienation complained of was made by a person who was not a guardian and who was not authorized to make it. as far as it goes, therefore, by implication that decision of the privy council supports the view to which we give effect in this judgment. we take the words of art. 44 as they stand in their plain and natural.....
Judgment:

Beaman, J.

1. We think that the plaintiff's suit is clearly time-barred. At the time of the sale by his mother he was a minor and she was his natural guardian. She sold in that character. The plaintiff did not bring his suit within three years after attaining majority. (I might add that the actual plaintiff was the assignee of the minor just mentioned). In these circumstances, but for certain decisions of this Court, to which we have been referred, we should have entertained no doubt whatever but that the suit was time-barred under Art. 44 of the First Schedule to the Indian Limitation Act. The case of Balappa v. Chanbasappa : AIR1915Bom150 and the case of Anandappa v. Totappa (1915) 17 Bom. I.R. 1137 with which we have been especially pressed, are, we think, easily distinguishable. We need only mention the first of these cases and point out that the transferor was not the natural guardian of the minor at all but his step-mother. The decision can then be put on the ground that the alienation was not by a guardian strictly (speaking so at all but at the highest by a de facto guardian who was not authorized to deal in any way with the minor's property. This would make it conform to the principle of the Privy Council decision in the case of Mata Din v. Ahmad Ali I.L.R. (1911) All, 213, P. C which is cited with approval in their Lordships' judgment. There appears to have been a slight error in quoting the conclusion of their Lordships of the Privy Council, for a reference to that case will show that the limitation point under Art. 44 was disposed of on the simple ground that the alienation complained of was made by a person who was not a guardian and who was not authorized to make it. As far as it goes, therefore, by implication that decision of the Privy Council supports the view to which we give effect in this judgment. We take the words of Art. 44 as they stand in their plain and natural sense and so taken they seem to us to cover every fact in this case beyond the reach of argument.

2. We might add, without unnecessarily extending this discussion, that we were also referred to a decision of this Court in the case of Bhagvant Govind v. Kondi valad Mahadu I..L.R. (1889) Bom. 279 the facts of which closely resemble the facts before us. It is sufficient to say, however, that so much of that judgment as is relevant for our present purposes is very distinctly disapproved, if not impliedly overruled, by the Privy Council in Malkarjun's case Malkarjun v. Narhari I.L.R. (1900) Bom 337.

3. We would, therefore, reverse the decreo of the lower appellate Court and restore the decree of the trial Court with all costs upon the plaintiff throughout.


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