AIR 1936 MADRAS 914

Madras High Court

Hon'ble Judge(s): Stodart , J

(A) Limitation Act (9 of 1908) , S.7, Art.44— Suit by younger brother in joint Hindu family to set aside alienation of joint family property made by his mother during his minority, instituted more than three years after the eldest brother attaining his majority is barred under S. 7, and Art. 44, although instituted within three years of plaintiff attaining his majority. A suit by a younger brother in joint Hindu family, on behalf of himself and his minor brothers, to set aside an alienation of the joint family property, by their mother during their minority, when instituted more than three years of their eldest brother attaining his majority, is barred by S. 7 and Art. 44, Lim. Act, although brought within three years of the plaintiff attaining his majority. Time runs from the date on which the eldest brother attained his majority and is therefore capable of giving a valid discharge without the concurrence of his younger brother: 1915 Mad 1201; 1928 Mad 42 and 1934 Mad 469,Foll.; 1926 P C 16, Listing.(Para 414C2) (B) Hindu Law-Joint family - Manager- Presumption - Eldest brother, the senior adult member in family consisting of himself and his brothers-Presumption in Madras is that he is manager. The presumption in Madras is tha....