AIR 1901 PRIVY COUNCIL 19(2)

Privy Council

(From:-Madras)

Hon'ble Judge(s): Lord Hobhouse, Lord Macnaghten, Lord Davey, Lord Robertson, Lord Lindley, Sir Ford North , JJJ

Limitation Act (15 of 1877) , S.7, S.28— Effect of - Time period for suit after disability ceases - Right to the property is extinguished at the determination of the period limited for bringing a suit for possession of it and it does not require to be expressly pleaded - Whether the property was separate property or acquired for benefit of the joint family - Person under disability may institute a suit within the same period after disability has ceased, but subject to a proviso that the time shall not in any case be extended for more than three years from the cessation of the disability - Defendant's right of possession has been extinguished by limitation - The Appellant could not have brought an action after the expiration of three years after he attained his majority 1873. Then comes in Section 28, by which his right to the property is extinguished at the determination of the period limited for bringing a suit for possession of it. The point does not require to be expressly pleaded, as it is only evidence of the @page-PC20 Respondent's title; but that question does not arise in this case, as it undoubtedly was a matter of controversy in the Court below, and in fact forms the subject of the third issue: Whether the Plaintiff has acquired any title by possession. Whether the property was the separate property of B....