Chiranji Lal vs Ram Sarup

This execution appeal arises out of a suit for possession of land, demolition of certain constructions and costs. The suit was instituted by the widow of a deceased brother and a minor brother. It is admitted that the interests of the two plaintiffs were distinct and separate, but they were cosharers in the land. A joint decree was passed in favour of the plaintiffs. The defendant did not carry out the order of the Court for the removal of the constructions. The minor plaintiff filed an application; for execution of the decree within three years of his attaining majority. The defendant contested the application on the ground that in view of the provisions of Section 7, Lim. Act, the application was barred by time. We are of opinion that in this particular case it is impossible to hold that the widow of the deceased brother could have,, without the concurrence of her brother-in-law, given a valid discharge to the judgment-debtor. In these circumstances, limitation did not begin to run against the minor decree-holder till he attained majority. The appeal has no force and is dismissed with costs.