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Khadar HussaIn Vs. Muhammad HussaIn Sahib and anr. - Court Judgment

LegalCrystal Citation
SubjectLimitation
CourtChennai
Decided On
Reported in(1897)7MLJ52
AppellantKhadar Hussain
RespondentMuhammad HussaIn Sahib and anr.
Cases ReferredSuryanna v. Duryi I.L.R.
Excerpt:
- 1. in the circumstances stated we think there can be no doubt that article 12(a) of the limitation act cannot properly be applied to the suit brought by the plaintiff.2. whatever was the intention of the parties who took part in the execution sale, that transaction could not affect the title of the plaintiff, and therefore it was not necessary for him to have the sale set aside.3. we cannot agree with the decision in suryanna v. duryi i.l.r. (1888) m. 258 which was also a case of a sale in execution of a decree.4. in accordance with the opinion expressed by the full bench, the division bench (the chief justice and mr. justice benson) set aside the decree of the lower appellate court and remanded the appeal for disposal in accordance with law.
Judgment:

1. In the circumstances stated we think there can be no doubt that Article 12(a) of the Limitation Act cannot properly be applied to the suit brought by the plaintiff.

2. Whatever was the intention of the parties who took part in the execution sale, that transaction could not affect the title of the plaintiff, and therefore It was not necessary for him to have the sale set aside.

3. We cannot agree with the decision in Suryanna v. Duryi I.L.R. (1888) M. 258 which was also a case of a sale in execution of a decree.

4. In accordance with the opinion expressed by the Full Bench, the Division Bench (The Chief Justice and Mr. Justice Benson) set aside the decree of the lower appellate Court and remanded the appeal for disposal in accordance with law.


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