VIRUPAKSHAYYA SHANKARAYYA vs NEELAKANTA SHIVACHARYA PATTADADEVARU

The Supreme Court analyzed a suit for possession of property under the Bombay Public Trusts Act, 1950, specifically Sections 50 and 51, determining that the plaintiff's claim was barred due to the time limitation for seeking a declaration of status as Padadayya, which was sought long after the death of the predecessor in 1903. The Court held that the suit could not be treated as one for consequential relief, as the primary relief sought was a declaration, which was time-barred. Consequently, the Court upheld the lower courts' decisions, affirming that the plaintiff could not succeed in his claim.