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13. In the trust created in favour of the daughter-in-law of the Nizam, similar questions are referred to by the Department and the trustees. They are registered as R.C No. 88 of 1978 and 87 of 1978, respectively.

14. While the learned standing counsel for the Revenue contends that is the trust deed creating a trust to confer benefit from generation to generation is repugnant to ss. 13 and 14 of the Transfer of Property Act, then the trust becomes void and in such a case, the property remains as that of the settler and as such the provision of s. 5 of the E.D. Act Applies. Sri Y. V. Anjaneyulu, the learned counsel for the trustees, on the other hand, contends that the trust which is a trust-cum-Wakf-alal-aulad, is a method whereby a Mussalman can tie up his property in perpetuity for the maintenance and support of his family, children and descendants provided he makes a provision that the ultimate benefit goes to a charitable object recognized by the Muhammadan Law and the charitable purpose is for a permanent nature and such a trust is not vitiated by ss. 13 and 14 of the Transfer of Property Act as the Mussalman Wakf Validating Act, 1913, saved them from the operation of ss. 13 and 14 of the Transfer of Property Act and this enactment was followed by another enactment, the Mussalman Wakf Validating Act, 1930, the effect of which was to give the earlier enactment a retrospective effect of which was to give the earlier enactment a retrospective effect with the result that the Wakf created before March 7, 1913, also were borough within the operation of the Act of 1913.

27. Right to sue within the meaning of art. 113 of the Limitation Act arises when there is demand and refusal. Admittedly, the property in question is movable property. It is, therefore, clear that the settlor or the person claiming under him should have to file a suit within three years for the recovery of the properties in dispute from the date when the right to sue accrues. The question is when does the right to sue accrues ? We have already stated above that the trusts are void. But merely because they are void, it cannot be said that from the date of the execution of the trust deeds, the right to sue accrues. For the right to sue to already come into existence and three should be an infringement of it or at least a serious threat for infringement of the same. The right to sue means the right to bring a particular suit with reference to which the plea of limitation is raised. Right to sue ordinarily means the right to seek relief by means of legal procedure. It implies that the person suing has a substantive and exclusive right to claim asserted by him and that there is an invasion of it or a threat of invasion. When the right to sue accrues depends to a large extent on the facts and circumstances of a particular case keeping in view the relief sought. It accrues only when a cause of action arises and for a cause of action to arise, it must be clear that there must be an assertion and an denial.

34. Having regard to the above discussion and findings, our answer on each of the references is as follows :

R.C. No. 85 of 1978. - The trust created by the deceased on March 21, 1953, known as Sahebzadi Anwer Begum Trust is void ab initio and it is, therefore, answered in the affirmative, i.e., in favour of the Revenue and against the trustees-assessees.

R.C. No. 95 of 1978. - As the trust created on March 21, 1953, is void, the value of the corpus of the Sahebzadi Anwer Begum Trust is liable to be included in the principle value of the estate of Sir Osman Ali Khan Bahadur. The question is answered in the affirmative, i.e., in favour of the Revenue and against the trustees-assessees.

R.C. No. 87 of 1978. - The trust created by the deceased on March 21, 1953, known as Sahebzadi Oolio Kulsum Trusts is void ab initio and it is, therefore, answered in the affirmative, i.e., in favour of the Revenue and against the trustees-assessees.

R.C. No. 88 of 1978. - As the trust created on March 21, 1953, is void, the value of the corpus of the Sahebzadi Oolia Kulsum Trust is liable to be included in the principle value of the estate of late Sir Osman Ali Khan Bahadur. The question is answered in the affirmative, i.e., in favour of the Revenue and against the trustees-assessees.