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Bapanna Venkata Subbarayadu Vs. Bappanna Ratnamma and ors. - Court Judgment

LegalCrystal Citation
SubjectLimitation
CourtChennai
Decided On
Judge
Reported in6Ind.Cas.443
AppellantBapanna Venkata Subbarayadu
RespondentBappanna Ratnamma and ors.
Excerpt:
limitation art (xv of 1877), schedule ii, article 125 - suit by adopted son for declaration in respect of alienation by his adoptive mother. - - the suit is, therefore, clearly barred by limitation.1. article 125 of the second schedule of the limitation act exactly applies to the facts in the present case.2. the language of the article is sufficiently wide to cover the case of an adopted son suing for a declaration in respect of an alienation by the widow who adopted him made before the adoption. as was held in sreeramulu v kristamma 26 m. 143, the adopted son in such a case is only entitled to possession after the death or marriage of the widow. the suit is, therefore, clearly barred by limitation.3. the appeal is dismissed with costs.
Judgment:

1. Article 125 of the second Schedule of the Limitation Act exactly applies to the facts in the present case.

2. The language of the article is sufficiently wide to cover the case of an adopted son suing for a declaration in respect of an alienation by the widow who adopted him made before the adoption. As was held in Sreeramulu v Kristamma 26 M. 143, the adopted son in such a case is only entitled to possession after the death or marriage of the widow. The suit is, therefore, clearly barred by limitation.

3. The appeal is dismissed with costs.


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