Appeal No 801 of 1963
Appeal by special leave from the judgment and decree dated September 2 1959 of the Madras High Court in Second Appeal No 774 of 1957
T V R Tatachari for the appellants
P Raghaviah and R Ganapathy Iyer for the respondents
The Judgment of the Court was delivered by Gajendragadkar CJ
The present appeal has been brought to this Court by special leave and it arises from a suit filed by the appellants against four respondents
The properties involved in the suit consist of agricultural lands situated in Eragudi village Musiri taluk Tiruchirappalli district
According to the appellants the said lands had been granted in Inam to the ancestor of one Ambalathadum Pachai Kandai Udayavar by the Carnatic Rulers before the advent of the British power in India
The original grantdeeds are not available but at the time of the settlement of the Inams in the sixties of the last century Inam title deeds were issued in favour of the family of Pachai Kandai Udayavar
The appellants averred that the properties covered by the grant bad been granted in Inam to the original grantee burdened with the obligation of performing certain services in a Matam
The said properties were alienated from time to time and as a result of the last alienation the appellants became entitled to them
The appellants in the present litigation claimed a declaration about their title to the properties in suit and a permanent injunction restraining respondents 1 to 3 who claimed to be the trustees of an alleged Pachai Kandai Udayavar Temple at Eragudi from interfering with their possession of the same
Respondent No 4 is the Deputy Commissioner Hindu Religious and Charitable Endowments L9Sup
CI66 9 122 Tiruchirappalli and he has been impleaded because he has purported to appoint respondents 1 to 3 as trustees of the said alleged Temple on the 7th March 1951
This suit No 103 of 1954 was instituted on the 13th September 1954 under section 87 of the Madras Hindu Religious and Charitable Endowments Act No XIX of 1951 hereinafter called the Act  in the Court of the District Munsif at Turaiyur
Respondents 1 to 3 who have been appointed as trustees of the said temple by respondent No 4 obtained a certificate from him that the properties in question belonged to the Temple and on the basis of the said certificate they had filed an application before the Magistrate having jurisdiction in the area under section 87 of the Act for possession
Notice of this application was served on the appellants and they pleaded their own title to the properties
The Magistrate however over ruled the claim made by the appellants and directed them to deliver possession of the properties to respondents 1 to 3
Before this order could be executed and possession delivered to respondents 1 to 3 the appellants instituted the present suit
Respondents 1 to 3 resisted this suit and contended that the properties in suit had not been granted to the predecessor of Pachai Kandai Udayavar as alleged by the appellants
Their case was that the said properties had been granted to the Pachai Kandai Udayavar Temple and formed part of its properties
As trustees appointed by respondent No 4 they claimed that they were entitled to the possession of the properties
On these pleadings four substantive issues were framed by the learned trial Judge they were  whether the grant of the Inam was a personal Inam whether the grant of the Inam was a religious endowment whether plaintiffs have title to the suit properties and whether plaintiffs have acquired title by prescription  On the first two issues oral and documentary evidence was adduced by the parties
The learned trial Judge examined the whole evidence and came to the conclusion that the grant of the Inam was a personal Inam and that it was not a grant in favour of the religious endowment within the meaning of the Act
That is how the first two issues were answered in favour of the appellants
In consequence the learned trial Judge also held that the appellants had proved their title to the suit properties
The alternative plea made by the appellants that they had acquired title to the properties by prescription was also upheld by the trial Judge
In the result the appellants  suit was decreed on the 14th February 1955
123 Respondents 1 to 3 preferred an appeal No 129 of 1955 in the Court of the Subordinate Judge at Tiruchirappalli challenging the correctness of the said decree
The lower appellate Court considered three main points they were  whether the grant was in favour of Ambalathadum Pachai Kandai Udayavar whether there is a temple and whether the plaintiffs had prescribed their title to the suit properties by adverse possession
The lower appellate Court made a finding against respondents 1 to 3 on point No 2
It held that the evidence adduced by the respondents did not prove the existence of any temple in favour of which the original grant had been alleged to have been made according to them
On that view it thought it unnecessary to consider the first point
In regard to the third point based on the appellants  claim that they had acquired title by adverse possession the lower appellate Court found that it was evident that from the very beginning Pachai Kandai Udayavar and his family had been claiming beneficial interest in the property and they were not holding the same as managers of the trust
The alienations must therefore be regarded only as repudiation of the trust
 In the result the lower appellate Court s finding was that the appellants had established their claim of prescriptive title
The appeal preferred by respondents 1 to 3 therefore failed and was dismissed with costs on March 29 1957
This decision was challenged by respondents 2  3 before the Madras High Court in Second Appeal No 774 of 1957
Subrahmanyam J who heard this appeal held that the original grant had been made in favour of the Temple
There was evidence to show that the properties originally granted had been resumed by the Collector but the learned Judge took the view that the said resumption was only of the melwaram or assessment and that since the lands had been granted in Inam to the deity and its matam their title to the lands remained unaffected by the resumption proceedings
In other words he negatived the appellants  claim that the original grant was in favour of their predecessors intitle though burdened with an obligation to render service to the matam
The learned Judge reversed the finding of the lower appellate Court that the existence of the Temple had not been proved
Having thus held that the properties belonged to the Temple the learned Judge proceeded to consider the question of limitation by reference to the several alienations with which the present litigation is concerned
In dealing with the question of limitation the learned Judge took the view that the present suit would be governed 124 by Article 134 B of the Indian Limitation Act
This article has been introduced in the said Act by Amending Act 1 of 1929 and came into force on 1 1 1929
It was conceded before the lower appellate Court that the new article was not retrospective in operation and that if the title of the alienees in regard to dharmadlayam properties had been acquired by adverse possession prior to 1 1 1929 it would not be affected by the provisions of article 134 B Thus considered the alienations in regard to items 1 2 part of item 3 items 7  8 and a portion of the well in item 5 sold under Ext
A 2 in 1914 were held to be outside the mischief of article 134B
The possession of the vendees in regard to the properties covered by the said sale deed was held to have conferred title on them
Similarly item 4 and a part of item 6 which had been sold in auction in execution of a decree in 1927 vide Exts
A 7 and A 8 were also held to be outside the scope of article 134 B because the said article does not cover auction sales
That left the alienations covered by Exts
A 3 A 6 and A 12 to be considered
These three alienations were effected on the 7th October 1917 2nd July 1926 and 2nd July 1926 respectively
The High Court held that the properties covered by these sale deeds fell within the purview of article 134 B and the appellants  title in respect thereof was open to challenge
In the result the appellants  claim in regard to the properties covered by these three sale deeds was rejected whereas their claim in regard to the other prop erties
was upheld
In consequence the appeal preferred by respondents 2  3 was partly allowed and the decree passed by the lower appellate court in regard to Exts
A 3 A 6 and A 12 was set aside
This judgment was pronounced on the 2nd September 1959
It is against this decision that the appellants have come to this Court by special leave
Mr Tatachari for the appellants has raised before us an interesting question of law
He contends that article 134 B would not apply to the present case because the alienations evidenced by Exts
A 3 A 6 and A 12 show that the alienors purported to transfer the properties not as Poojaris or managers of a temple but in their individual character as owners of the said properties
The documents recite that the properties belonged to the alienors as their separate secular properties though burdened with an obligation to render service to the Matam and that shows that the transfer was effected not by the Poojaris of the temple but by persons who claimed that the properties belonged to them
Such a case falls outside the purview of article 134 B and must be governed by article 144 of the First Schedule to the Limitation Act
125 Mr Tatachari also argues that in applying article 144 we must assume that the possession of the alienees was adverse to the temple from the respective dates of the alienations when they were put in possession of the properties covered by the transactions in question
In support of this argument Mr Tatachari has relied on the statement of the law made by Mr Justice Mukherjea in his lectures on
the Hindu Law of Religious and Charitable Trust1 Says Mr Justice Mukherjea if the transfer of debutter property is not of  particular items of property but of the entire endowment with all its properties the possession of the transferee is unlawful from the very beginning
The decisions in Gnanasambanda Pandara Sannadhi vs Velu Pandanam  Another2 and Damodar Das vs A dhikari Lakham Das3 are illustrations of this type of cases
 He also added that transfer would similarly be void and limitation would run from the date of the transfer if the manager transfers the property as his own prop and not as the property of the deity
The same statement has been made by the learned author in two other places in the course of his lectures
The argument is that in cases falling under article 134 B the transfer made by the manager of a Hindu endowment is challenged by his successor on the ground that it was beyond the authority of the manager and such a challenge necessarily postulates that the transfer was effected by the manager as manager purporting to deal with the property as belonging to the religious endowment
Where however the transfer is made by the manager not as manager but as an individual and he deals with the property not on the basis that it belongs to the religious endowment but on the basis that it belongs to himself considerations which would govern the application of limitation are substantially different and in such a case the transfer being void ab initio the possession of the transferee is adverse from the date of the transfer
That is how Mr Tatachari has attempted to avoid the application of article 134 B in the present case
There can be no doubt that if the assumption made by Mr Tatachari is well founded the appellants title to the three transactions in question would have to be upheld
It is well known that the law of limitation in regard to suits instituted to set aside unauthorised alienation of endowed property by a Shebait or a Mahant or a manager of a Hindu religious endowment was very uncertain prior to the decision of the Privy Council 1 Mr Justice B K Mukherjea on Hindu Law of Religious and Charitable Trust  II Edn
1962 p 282
2 LR 27 IA 69
3 LR 37 IA 147
126 in Vidya Varuthi Thirtha vs Balusami Ayyar  Others1 That is why subsequent to the said decision any discussion about the question of limitation relating to such suits necessarily begins with a reference to the principles laid down by the Privy Council in Vidya Varuthi s case
In that case the Privy Council held that the endowments of a Hindu math are not conveyed in trust nor is the head of the math a trustee with regard to them save as to specific property proved to have been vested in him for a specific object
The question which the Privy Council had to consider in that case was whether article 134 applied to a suit in which the validity of a permanent lease of part of the math property granted by the head of a math was challenged
Article 134 covers suits brought with a view to recover possession of immovable property conveyed or bequeathed in trust or mortgaged and afterwards transferred by the trustee or mortgagee for a valuable consideration
These words used in column 1 of article 134 necessarily raise the question as to whether the head of a math is a trustee within their meaning and Mr Justice Ameer Ali who spoke for the Privy Council answered that question in the negative
In con sequence the argument that article 134 applied was repelled and it was held that article 144 would govern such a case
In fact it is substantially because of this decision that Articles 134 A 134 B and 134 C and Articles 48A and 48B came to be inserted in the First Schedule to the Limitation Act by Amending Act 1 of 1929
At the same time section 10 of the Limitation Act was amended by addition of an explanatory clause which provided inter alia that for the purposes of section 10 any property comprised in a Hindu religious or charitable endowment shall be deemed to be property vested in trust for a specific purpose and the manager of any such property shall be deemed to be the trustee thereof
As we have already noticed these newly added provisions in the Limitation Act came into force on the 1st January 1929
Reverting then to the question as to whether a transfer effected by the manager of a temple in regard to properties belonging to the temple falls outside the purview of article 134 B if it is shown to have been made on the basis that the transferor treated the properties as his own it does appear that the two earlier Privy Council decisions in Gnanasambanda s2 and Damodar Das s3 cases lend some support to the contention
In Gnanasambanda s case it was held by the Privy Council that where hereditary trustees of a re ligious endowment sold their hereditary right of management 1 LR 48 IA 3 2
2 LR 27 IA 69
3 LR 37 IA 147
127 and transferred the endowed property the sales were null and void in the absence of a custom allowing them and that the possession taken by the purchaser was adverse to the vendors and those claiming under them
In appreciating the effect of this decision it is necessary to bear in mind that the plea of limitation with which the Privy Council was concerned in that case was based on article 124 of the Limitation Act
Article 124 relates to suits filed for possession of a hereditary office and the limitation prescribed for such suits starts when the defendant takes possession of the office adversely to the plaintiff
It is clear that in that case what had been sold was the hereditary office as well as the properties belonging to the endowment and so it was plain that limitation began as soon as the purchaser took possession of the office under article 124
It is true that immovable properties belonging to the temple had also been sold but the Privy Council expressly ruled that there was no distinction between the office and the property of the endowment
The one is attached to the other but if there is article 144 of the same Schedule is applicable to the property and that bars the suit after 12 years  adverse possession
It may be permissible to state that this latter observation was made in 1899 long before the Privy Council enunciated the true legal position in regard to the status of the managers of Hindu religious endowments in Vidya Varuthi s case1
Similarly in Damodar Das s case2 while dealing with the validity of an ikrarnama  of a debuttar property executed by the manager of the property the Privy Council observed that from the date of the ikranama the possession of the transferee was adverse to the right of the idol and that led to the conclusion that the suit instituted against the transferee was barred by limitation
There is no discussion about the status and character of the Chela who made the transfer nor about the right of the succeeding Chela to challenge the validity of the transfer effected by his predecessor which was subsequently recognised by the Privy Council in Vidya Varuthi s case1
These two judgments have no doubt been incidentally referred to by the Privy Council in Mahant Ram Charan Das vs Naurangi Lal and Others3 and in Mahadeo Prasad Singh and Others vs Karia Bharti4 though the decision in the said two cases proceeded in the light of the legal position enunciated by the Privy Council in Vidya Varuthi s case4
1 LR 48 IA 302
2 LR 37 IA 147
3 LR 60 IA 124
4 LR 62 IA 47
128 It would thus be seen that the observations made by Mr Justice Mukhejea on which Mr Tatachari relies really purport to extend the principle which has apparently been mentioned by the Privy Council in Gnanasambanda s case1
It does appear that Mr Justice Mukhejea had expressed this view as a Judge of the Calcutta High Court in the case of Hemanta Kumari Basu vs Sree Ishwar Sridhar Jiu 2 and had relied on the two Privy Council s decisions in Gnanasambanda s1 and Damodar Das s cases In the case of Hemanta Kumari Basa2 the attention of Mukherjea J was drawn to the fact that in an earlier decision of the Calcutta High Court in Ronald Duncan Cromartic and Francis Arthur Shephard Sutherland vs Sri Iswar Radha Damodar few and Others 4 D N Mitter J had made observations which were inconsistent with the view which Mukhejea J was disposed to take but the learned Judge commented on the said observations by saying that they were open to criticism
Thus on the question raised by Mr Tatachari before us there does appear to be some divergence of opinion in the Calcutta High Court itself No other decision has been cited before us which has accepted the proposition that if any part of the property belonging to a Hindu religious endowment is transferred by its manager the transfer is void and the possession of the transferee becomes adverse to the endowment from the very beginning
In fact as we have already indicated in the case of Gnanasambanda1 what had been transferred unauthorisedly was the religious office itself and all the properties appertaining thereto
It is open to doubt whether the said decision could lead to the inference that if a part of the property is transferred by the manager of a religious endowment on the basis that it belongs to him and not to the religious endowment the transfer is void ab initio with the result that the possession of the transferee is adverse to the religious endowment from the very beginning and the succeeding manager s right to challenge the said transfer would be lost if his predecessor who made the transfer lives for more than 12 years after effecting the transfer
In the words of Sir John Edge who spoke for the Privy Council in Nainapillai Marakayar and of hers vs Ramanathan Chettiar and Others5  in the case of a Shebait a grant by him 1 LR 27 IA 69
2 ILR 3 LR 37 IA 147
4 5 LR 51 IA 83 at p 97
129 in violation of his duty of an interest in endowed lands which he has no authority as Shebait to make may possibly under some circumstances be good as against himself by way of estoppel but is not binding upon his successors
 It is not easy to see why the successor s right to Challenge an unauthorised alienation made by his predecessor should be affected adversely if the alienation is made by his predecessor on the basis that the property belonged to him and not to the religious endowment
However we do not think it necessary to decide this point in the present case because in our opinion the plain words of article 134 B do not permit such a plea to be raised
Column 1 of article 134 B provides for suits brought inter alia by the manager of a Hindu religious or charitable endowment to recover possession of immovable property comprised in the endowment which has been transferred by a previous manager for a valuable consideration
The period prescribed for such suits is 12 years and the time from which the period begins to run is the death resignation or removal of the transferor
Confining ourselves to the first column of article 134 B at this stage the question which we have to decide is  does this article permit any distinction to be made between transfers effected by a previous manager on the basis that the property transferred belongs to the religious endowment and those made by him on the basis that the said property is his own private property  If the property is transferred by the manager on the basis that it belongs to the endowment article 134 B clearly applies but does it make any difference to the application of article 134 B if the transfer is made on the other basis that the property belongs not to the endowment but to the manager himself  In either case the successor who challenges the alienation will have to prove that the property in fact belongs to the religious endowment
Once that is proved is it necessary for him also to show that the transfer was made on the basis that the property belonged to the religious endowment  In our opinion such a limitation cannot be read in the words used by the said article
Article 134 B applies to all cases where it is shown that the immovable property was comprised in the endowment and that it has been transferred by a previous manager for a valuable consideration
The successor has to prove three facts  1 that the property belongs to the religious endowment 2 that it was transferred by a previous manager and 3 that the transfer was for a valuable consideration
The character of the representations made by the previous manager in regard to his relation with the property which is the subject matter of transfer is irrelevant for the purpose of article 134 B 130 All transfers made would fall within article 134 B if the three essential facts are proved by the successor of the transferor manager of the Hindu religious endowment
Therefore we do not think that Mr Tatachari is justified in contending that the transfers with which we are concerned in the present appeal fall outside the purview of article 134 B inasmuch as they are effected by the alienors on the representations that the properties transferred belonged to them as their separate properties
On the findings recorded by the High Court it is clear that the properties belonged to the temple that they have been transferred by persons who must be deemed to be the previous managers of the temple and that they have been transferred for valuable consideration
The present suit has been brought against respondents 1 to 3 who are appointed trustees of the temple by respondent No 4 and so all the ingredients prescribed by the first column of article 134 B are satisfied
That is why we must reject the ingenious argument urged before us by Mr Tatachari that article 134 B does not apply to the present case
We may in this connection refer to the decision of the Privy Council in Mahant Sudarsan Das vs Mahant Ram Kirpal Das and Others
1 In that case the question which arose for the decision of the Privy Council was whether article 134 B applied to a case where debuttar property had been sold in an execution sale and the Privy Council held that it did not To apply article 134 B to an execution sale observed Lord Radcliffe involves a reading of that article which would construe the words transferred by a previous manager for a valuable consideration as covering an execution sale under court process and the word transferor as extending to the judgment debtor whose land is sold
It is not only that the words themselves do not properly bear that meaning
Apart from that what is in all essentials the same question was considered on several occasions by courts in India before article 134A and 134B had been added to article 134
That Article contains the analogous phrase transferred by the trustee or mortgagee for a valuable consideration and there was a uniform current of decision to the effect that these words were incapable of applying to an execution sale
 What was said by the Privy Council about the impropriety of including an execution sale within the meaning of article 134B can with equal justification be said about introducing words of limitation in the said article which alone can exclude transfers made by the previous manager of the Hindu religious endowment on the basis that the property transferred belonged to 1 LR 77 IA 42 at pp
49 50
131 him
Therefore we must deal with the present appeal on the basis that article 134 B applies to the facts of the present case
Mr Tatachari then contends that even on the application of article 134 B the decision of the High Court is erroneous because on the facts proved in this case the High Court should have drawn the legal inference that the transferor had been removed more than 12 years before the suit was filed
He contends that the question as to whether on facts proved in the present case an inference can be drawn that the previous manager or trustee had been removed is a mixed question of fact and law and the High Court was in error in reversing the decisions of the courts below by holding that the title of the temple had not been lost by adverse possession before the suit was filed
For deciding this question it is necessary to refer to some material facts
The transferor is Pachaikandaswamiar
The appellants  case before the trial Court was that Pachaikandaswamiar had resigned his position about 27 years ago and that even if article 134 B applied limitation should be held to have commenced from the date when the alienor either resigned his office or was removed from it
In dealing with this aspect of the matter the learned trial Judge has examined the oral evidence led on behalf of the parties
He assumed that Pachaikandaswamiar and his son were alive at the date of the suit
Even so he found that they had left the village and had taken no part whatever in the management of the worship of the temple
In fact almost all the properties belonging to the temple had in course of time been a alienated and the alienors were no longer interested either in the temple or in staying in the village itself
Raju lyer who was examined as a witness by the appellants stated that he and Amirthalinga lyer had been performing the worship of the temple for the past 27 years and he added that the alienor and his son had left the village more than 25 years ago and but for very casual visits to the village they had never taken any interest in the temple or in the management of its affairs
In fact Ranga Raju Raddiar whom the respondents examined admitted in reply to the questions put by the Court that since 25 years or so neither Pachaikandaswamiar nor Chinnaswami lyer had performed any pooja in the temple
He substantially corroborated the statement of Raju lyer that Raju lyer and Amirthalinga lyer had been performing the worship of the temple
Another witness Chandrasekara lyer by name whom the respondents examined also admitted that Pachaikanda had sold away all his properties and had left the village
Besides when respondents 1 to 3 were appointed as trustees of the temple a notice was issued by the 132 office of Assistant Commissioner for Hindu Religious Endowments Tiruchirappalli on the 19th June 1948 in which it was specifically averred that there were no legally constituted trustees for Sri Pachaikantha Udayavar Temple Eragudi and it was mismanaged and so it was proposed to appoint legally constituted trustees for the said temple
This notice was served on witness Raju lyer and Amrithalinga lyer Chinnasamy Iyer and Rangaraja Reddiar who were performing the worship and acting as de facto managers of the temple
It is remarkable that this notice describes Amirthalinga Iyer and Chinnasamy lyer as de facto trustees of the temple
It is on these facts that the learned trial Judge held that the alienor must be deemed to have resigned his office or left it
The lower appellate Court does not appear to have considered or made any specific or clear finding on this aspect of the matter
It however held that the transferor and his family had been claiming beneficial interest in the properties all along and that they were not holding the same as managers of the trust
That is why he confirmed the finding of the trial Judge on the question of adverse possession though on a somewhat different ground
The High Court has relied on the fact that the alienor is still alive and so it thought that the plea of adverse possession could not be sustained
Unfortunately the question as to whether the facts proved in this case did not show that the alienor had been removed from office by other persons who were in management of the temple de facto has not been discussed by the High Court
In our opinion all the facts which have been brought on the record in relation to this aspect of the matter clearly show not only that the alienor disposed of all the property and left the village  but also that for the last 25 years or so the management has been taken over by other persons who are acting as de facto managers of the temple
This evidence appears to us to show that the alienors had been removed from management of the temple and other persons have taken up the position as de facto managers and this position has lasted for more than 25 years
If that be so there is no escape from the conclusion that more than 12 years have elapsed since the date of the removal of the previous manager who transferred the properties in question and so if a suit were brought by respondents 1 to 3 on the date when they were appointed trustees by respondent No 4 it would be barred under article 134 B
On that view of the matter we must hold that the trial Judge and 133 the lower appellate Court were right in decreeing the appellants  suit in its entirety
We must accordingly set aside the decree passed by the High Court in regard to the transfers covered by Exts
A 3 A 6 and A 12 and restore that of the lower appellate Court
In the circumstances of this case we direct that parties should bear their own costs
Appeal allowed


Summary:
The lands in dispute had been granted in inam to a temple
By about 1929 the then manager of the temple disposed of all those properties under various sale deeds resigned his position and left the village
He was therefore removed from the management of the temple and other persons had taken up the position as de facto managers from 1929
As a result of successive alienations of the properties the appellants became entitled to them
In 1951 the respondents were appointed trustees of The temple and under the Madras Hindu Religious and Charitable Endowments Act 1951 they applied to the Magistrate for possession of the properties and the Magistrate ordered delivery of possession
Before the order could be executed the appellants filed the suit in 1954 for a declaration of their title to the properties and for an injunction restraining the respondents from interfering with their possession
The trial Court and the lower appellate Court decreed the suit
In second appeal the High Court held that the suit was governed by article 134 B of the Limitation Act 1908 which was introduced into the Act on 1st January 1929 and that the appellants  claim in regard to the properties covered by the sale deeds of 1917 and 1926
should be rejected because the alienees had not acquired title by adverse possession by 1st January 1929 and is the alienor was still alive the plea of adverse possession could not be sustained under that article
In appeal to this Court it was contended that article 134 B would not apply to the present case but that article 144 would apply because the transfers were effected by the alienor on the representations that the properties belonged to him as his separate property and that even if the article applied the decision of the High Court was erroneous because the transferor had been removed from management more than 12 years before the suit was filed
HELD  Though article 134 B applied to the facts of the case since the appellants had acquired title to the properties by prescription the decree passed by the High Court in so far as it was against the appellants should be set aside
Column 1 of the article provides for suits brought inter alia by the Tanager of a Hindu religion or charitable endowment to recover possession of immovable property comprised in the endowment which has been transferred by a previous manager for valuable consideration
The period Prescribed for such suits is 12 years and the time from which the period begins to run is the death resignation or removal of the transferor
The findings recorded by the High Court in the present case show that all the ingredients prescribed by the first column of the Article namely 121 ithat the property belonged to the endowment ii that it was transferred by a previous manager and iii that the transfer was for valuable Consideration were satisfied
The character of the representations made by the previous manager in regard to his relation with the property which is the subject matter of transfer is irrelevant for the purpose of the Article
But if a suit had been brought by the respondents on the date when they were appointed trustees it would have been barred under the Article because more than 12 years had elapsed since the date of the removal of the previous manager who had transferred the properties and therefore the trial Court and the lower appellate Court were right in decreeing the appellants  suit in its entirety
129 C D H 132 H Mahant Sudarsan Das vs Mahant Ram Kirpal Das  Ors
L R 77 IA 42 applied