Before us also counsel for both the parties agreed that the suit would be governed by article 134 but a question raised was as to when did the period of 12 years under that article commence ? Whether it commenced from the date of the death of the settlor or her deemed resignation as a trustee ? Counsel for the appellants conceded before us that if the period for the suit is regarded as commencing from the death of Muthammal which occurred on 7 10 1960 the suit would obviously be within time but he contended that there was a resignation on the part of Muthammal as a Trustee and such resignation, if not overt and express must be deemed to have taken place by reason of the fact that she herself had executed and registered the Deed of Cancellation (exhibit B l) on 21 1 1930 and thereafter she had alienated the properties in favour of the appellants ' father and she even left the village for quite a few years.