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Judgment Search Results Home > Cases Phrase: multifariousness Sorted by: old Year: 1891 Page 1 of about 1 results (0.001 seconds)

Aug 18 1891 (PC)

Byathamma Vs. Avulla and anr.

Court : Chennai

Decided on : Aug-18-1891

Reported in : (1892)ILR15Mad19

1. the plaintiff alleging himself to be the present karnavan of the rayaroth tarwad, sued to recover properties which he alleged had been acquired by a former karnavan, one kunhi soopi haji, who died in 1874, and which are now in the possession of the descendants of the said soopi haji or tenants under them. the subordinate judge decreed in plaintiff's favour for certain of the properties sued for, and the appeals nos. 125, 126, 127, 128, 140 of 1889, and appeal no. 12 of 1890 are preferred by some of the defendants, while plaintiff appeals in appeal no. 141 of 1889 as to some of the plaint items disallowed.2. preliminary objections were taken as to (1) misjoinder of causes of action, (2) the right to a karnavan to sue alone, and (3) limitation. upon the first point we entertain no doubt that plaintiff can implead the several defendants in one suit to recover the tarwad property--vasudeva shanbhaga v. kuleadi namapai 7 m.h.c.r. 290 mahomed v. krishnan i.l.r. mad. 106--upon the second the right of a karnavan to sue for the tarwad property is well established--subramanyan v. gopala i.l.r. mad. 223--while the question of limitation will, it appears to us, depend upon the date in each instance on which the possession of the several defendants became adverse to the tarwad. it was further alleged that the whole suit was barred, inasmuch as it was not instituted within 12 years of the date of kunhi soopi haji's death. upon this point, we are satisfied that exhibit a is not a copy, .....

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