AIR 1960 KERALA 46 ::1959 Ker LT 621 ::1959 Ker LJ 554 ::ILR (1959) Ker 857

Kerala High Court

Hon'ble Judge(s): N. Varadaraja Iyengar, Anna Chandy , JJ

Limitation Act (9 of 1908) , S.7— Right of suit of junior members of Tarwad to impeach alienations by Karnavan - Right is governed by S.7. The right of junior members of a joint family or an undivided farwad to impeach alienations made by the manager or karanavan is a right common to all such junior members. The adult members in the joint family can effect a valid discharge of that right by either electing to institute such a suit or not to institute such a suit. The concurrence of the minor members of the joint family is not necessary for effecting such a valid discharge by the adult member or members in the family. The right of suit available to junior members of a joint family to set aside alienations made by the manager is governed by S. 7 and when any of them is under no disability to institute such a suit, the period of limitation will run against all the members in the joint family. Case Law discussed.(Para 4) Anno : AIR Com. Lim. Act, S.7, N. 21.