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Uthanganakath Avuthala Vs. Dayumma and anr. - Court Judgment

LegalCrystal Citation
SubjectLimitation;Property
CourtChennai
Decided On
Reported in(1900)10MLJ349
AppellantUthanganakath Avuthala
RespondentDayumma and anr.
Cases ReferredBar Lal v. Muhamdi
Excerpt:
- - 2. in terms the article precisely applies to this suit, and it has been held by this court natesan chetti v. ' may be taken to denote a claim for his personal remedy as well as his' claim against the land. we fail to see how the legislature could have expressed its meaaing more clearly, if, as we take it, it was intended that the vendor's right against the land should be enforced by suit only within three years of the dates mentioned, with such plain language before us we do hot consider it necessary to examine the consequences which may ensue from an application of the article......money, due in respect of a sale-deed executed on the 8th september 1894, and to enforce the vendor's lien. if article 111 of the second schedule to the limitation act is the article to be applied, the suit is darred by limitation since it was not brought within three years from the date abovementioned which, we think, in the absence of evidence to the contrary, must be taken to be the date for completing the sale.2. in terms the article precisely applies to this suit, and it has been held by this court natesan chetti v. soundararaja aiyangar 2, notwithstanding prior decisions in bombay, that this article and not article 132 should be applied to such a case. we are asked to reconsider that decision on the strength of a recent case in bar lal v. muhamdi 3, where the subject is.....
Judgment:

1. The suit is brought to recover the unpaid purchase money, due in respect of a sale-deed executed on the 8th September 1894, and to enforce the vendor's lien. If Article 111 of the second schedule to the Limitation Act is the article to be applied, the suit is Darred By limitation since it was not brought within three years from the date abovementioned which, we think, in the absence of evidence to the contrary, must be taken to be the date for completing the sale.

2. In terms the article precisely applies to this suit, and it has been held by this Court Natesan Chetti v. Soundararaja Aiyangar 2, notwithstanding prior decisions in Bombay, that this article and not article 132 should be applied to such a case. We are asked to reconsider that decision on the strength of a recent case in Bar Lal v. Muhamdi 3, where the subject is discussed at length by Strachey, C.J. with the result that the view expressed in Bombay is preferred to that which has been expressed in this Court. Notwithstanding the anomalies which according to the Jearned Chief Justice are involved in the latter view, we are not convinced that it is erroneous. The Chief Justice starts with the assertion that the expression ' suit to enforce a vendor's lien.' may be taken to denote a claim for his personal remedy as well as his' claim against the land. We cannot assent to that proposition. In the case of a sale of land the obligation to pay the purchase money has attached to it by way of security the right against the land itself which is called the vendor's lien. While in Article ill the Legislature refers to that lien, we can see no reason why its language should not be taken in its plain sense as referring not to the personal obligation which is not mentioned, but to the right against the land which is mentioned. We fail to see how the Legislature could have expressed its meaaing more clearly, if, as we take it, it was intended that the vendor's right against the land should be enforced by suit only within three years of the dates mentioned, With such plain language before us we do hot consider it necessary to examine the consequences which may ensue from an application of the article. When there is a special provision made for a specific case, there can be no doubt that it, rather than a general provision, such as is found in Article 132, must be put in force. Otherwise no effect can be given to the article. The learned Chief Justice refers to the section of the Transfer of Property Act which deals with vendor's lien, and apparently draws from that consideration an argument against the application of Article 111. In our opinion an Act which was passed in 1877, ought not to be interpreted with reference to an enactment on a totally different subject which was made some five years later. If anomalies have resulted from this latter enactment, it is for the Legislature to amend the Act of 1877, For these reasons we adhere to the case reported in I.L.R. 21 M. 141.

3. A second point taken was that the respondent was entitled as regards the personal remedy to the benefit of the six years given by Article 116 since the sale-deed was a registered instrument. Article 116 pre-supposes a contract in writing registered which contract has been broken. Here there was no contract in writing so far as regards the payment of the purchase money. On the contrary the registered document states that the money has been paid, and it is, therefore, in spite of the document and not under it that the plaintiff sues. The obligation on the part of the buyer to pay the purchase money is different from the obligation arising under a covenant for title such as was in question in the case cited I.L.R. 21 M. 8. The obligation to pay arises from the contract between, vendor and purchaser, whereas the covenant for title is implied or expressed in the conveyance. The present case is therefore distinguishable from I.L.R. 21 M. S. In our opinion Articled 16 cannot properly be applied to this case, and it follows that the suit ought to have been dismissed. The appeal is allowed, and the decrees of both the courts below are reversed. The defendant is entitled to all costs.


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