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Bapanna Venkata Subbarayadu v. Bappanna Ratnamma

Bapanna Venkata Subbarayadu v. Bappanna Ratnamma

(High Court Of Judicature At Madras)

No. | 11-02-1910

[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.

Advocate List
  • For The Appearing Parties ---.
Bench
  • HON'BLE MR. JUSTICE MUNRO
  • HON'BLE MR. JUSTICE ABDUR RAHIM
Eq Citations
  • 6 IND. CAS. 443
  • LQ/MadHC/1910/78
Head Note

Limitation Act — S. 3 — Article 125 of Second Schedule — Suit for declaration in respect of alienation by widow who adopted plaintiff made before adoption — Held, suit is barred by limitation — Adopted son is only entitled to possession after death or marriage of widow — Limitation Act, 1908, Art. 125(b) — Hindu Adoptions and Maintenance Act, 1956, S. 12