determined in their favour. It is also settled that Article 109 of the Limitation Act is the Article applicable to the case.
3. The learned ... that decision was. In the case of such of the Articles of the Limitation Act in which the starting point of time synchronises with
Article 31 of the Small Cause Courts Act . Indeed, the words in that article have been taken almost verbatim from Articles 105 and 109 ... property has always been understood as one falling within Article 109 of the Limitation Act , and there can, I think, be no doubt
barred by limitation.
13. For the appellant it was argued that either Article 39 or Article 49 or Article 109 of Schedule ... Limitation Act applicable is not Article 36 , but either Article 39 or Article 49 , according to both of which Articles the period of limitation
that arises in respect of this matter is whether Article 109 of the Limitation Act which is applicable to this case, namely Act ... apply the Limitation Act as it stands, and the limitation provided by Article 109 is to the effect that the period of limitation begins
time."
7. The appropriate article of the Limitation Act is Article 109 , which allows three years from the time when the mesne profits ... know, has been always placed upon this article of the Limitation Act and we know of no authority to the contrary under the present Limitation
three years prior to the institution of the suit was barred by limitation. On these pleadings, fifteen issues were raised on the 16th July ... have been pressed to hold that Article 109 of the first schedule to the Indian Limitation Act bars the claim for a period antecedent
ground that it was barred by limitation under Article 91 of the second schedule to the Limitation Act . Upon appeal the learned District Judge held ... years immediately preceding the institution of the suit under Article 109 of the Limitation Act . In answer, it has been argued by the learned Vakil
applicable to the case is contained in Article 109 of the second Schedule of the Limitation Act , and if the plaintiff is not able ... ground upon which he claims exemption from the rule of limitation embodied in Article 109. After the plaint has been amended, the plaintiff will
mesne profits was barred by limitation under the provisions of Article 178 of the second Schedule of the Limitation Act , because it was not made ... having regard to the provisions of Article 109 of the second Schedule of the Limitation Act , which, however, apply not to applications like the present
barred by limitation. The lower Courts were of opinion that Article 120 of the Second Schedule of the Limitation Act applied to the case ... recovered from the tenants in occupation.
4. Article 109 of the Second Schedule of the Limitation Act is clear in its terms. It relates