TMI Blog1942 (4) TMI 20X X X X Extracts X X X X X X X X Extracts X X X X ..... to 14 and 16 were claimed on the footing that they had been acquired with the income of the estate subsequent to Ramachandrudu's death and must be treated as accretions to that estate. The High Court dismissed the plaintiff's claim to those items as unsustainable. The case as regards them is not now before the Board; nor is the case as regards items 1, 3 and a portion of item 7, which was compromised by the parties in the trial Court. Ramachandrudu was a Hindu governed by the Mitakshara law. He died, as has now been found, in 1859, leaving surviving him his mother Bengaramma, a young widow Achamma and a sister Ramamma. Bengaramma died in 1878. Soon after Ramachandrudu's death there appears to have been an arrangement effected on 16th October 1859, between Achamma and Bengaramma under which Achamma was given ₹ 100 and a remainder in inam lands in two villages after Bengaramma's death and the latter took absolutely the rest of the properties of Ramachandrudu. On 17th March 1866, Bengaramma executed a registered deed conveying the properties which she obtained under the above arrangement to her daughter's son Subbaramayya. This deed recited the term ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he suit properties; as in his view possession which started as hostile to Achamma immediately after her husband's death as regards all the properties became restricted to a 2/3 from the date of Ex. 3 -the settlement effected with Achamma. As regards the 1/3 share allotted to Achamma, subsequently alienated by her, the plaintiff was given a decree on the ground that the alienations were not justified by any legal necessity. It may be mentioned here that issue 4 in the case raised the question whether the family settlement of 1859 and 67 pleaded by the defendants are true, valid and binding on the plaintiff. As in his opinion the suit was not in time, the Additional Subordinate Judge held it was unnecessary to find on this and some connected issues except as to the genuineness of the settlements of 1859 and 67 which he stated was beyond cavil. Their genuineness has been accepted throughout; but the correct inference to be drawn from them, as will be shown presently, has been the subject of considerable arguments before the High Court as well as before the Board. From the Additional Subordinate Judge's decree, two appeals were filed before the High Court, one by the plain ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... except what he derived by the gift made in his favour by Bengaramma. Since it has not been shown that Subbaramayya had any competing title of his own in respect of the properties in dispute, there can be no basis in their Lordships' opinion for a valid family settlement between the parties which would bind the reversion. In ('11) 33 All 356: 10 IC 477 : 38 IA 87 : 8 ALJ 552 (PC), Khunni Lal v. Gobind Krishna Narain, at p. 102, their Lordships pointed out that the true test to apply to a transaction which is challenged by the reversioners as an alienation not binding on them is, whether the alienee derives title from the holder of the limited interest or life tenant. In the present case it is clear that what title Subbaramayya had to the properties was acquired under the compromise from the widow since he had no antecedent title of his own to them. In the circumstances, their Lordships agree with the High Court that the claim of the contesting defendants to a 2/3rd share of the properties cannot be sustained on the basis of the arrangement of 1867. Nor could that claim be sustained under the arrangement of 1859 - the plea next urged in support o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stituted; but if the defendants are able to show that the right of action had become barred under the Act of 1859 then the title that they had acquired could not be defeated by the subsequent Limitation Acts. The relevant portions of cl. (1) of the Act of 1859 run as follows: No suit shall be instituted in any Court of Judicature. in India...unless the same is instituted within the period of limitation made applicable to a suit of that nature and the suits to which the same shall apply, shall be the following, that is to say, and thenR. 12 states as follows : To suits for the recovery of immovable property or any interest in immovable property to which no other provision of the Act applies-the period of 12 years from the time the cause of action arises. As already stated, the defendants contend that as immediately after the death of Ramachandrudu in 1859 Bengaramma took possession of his properties and held them adversely against Achamma in whom the inheritance had vested, they, claiming through her, have a perfect title to the properties by efflux of time before the act 9 of 1871 came into effect in April 1873; and that if the widow ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The earliest date that can be invoked in favour of the defendants is 6th February 1860 entered in the cist book for fasli 1269 which shows that an instalment of cist with respect to dry land in one of the villages was paid through Bengaramma, but as appears from the headnote on the page, Receipt for fasli 1269 was granted to Upalapali Ramachandrudu pattadar of the village . . . , Evidently patta continued to remain in the name of the deceased Ramachandrudu. It would appear that patta was transferred to Bengaramma's name in fasli 1271 (1861-62) for we find from the cist receipt book that receipt was granted for that fasli to Bengaramma described as pattadar of the village of Upilapadu though along with another, Lakshamayya. These dates are all subsequent to the arrangements of October 1859 and cannot therefore help the defendants. This sums up the evidence that has been brought to their Lordships' notice on this point. There is nothing in this evidence to establish that Bengaramma did take possession of Ramachandrudu's property prior to the arrangement of 1859. As shown by Ex. W (8th May 1866) when she knew that lands standing in the name of her husband were regist ..... X X X X Extracts X X X X X X X X Extracts X X X X
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