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P.R. Rajah Gounden Vs. M. Rajah Gounden and ors. - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtChennai
Decided On
Reported in(1894)4MLJ85
AppellantP.R. Rajah Gounden
RespondentM. Rajah Gounden and ors.
Cases ReferredLal Roy v. Ramjanam Misser
Excerpt:
- - best, j......some express law--such as regulation x of 1831, as alleged in the present case., is opposed to the recent ruling (dated 8th july 1893) of the privy council in raja gobind ,lal roy v. ramjanam misser now reported at i. l. r 21 c 70 (not yet reported i believe), where a similar contention in the case of a sale under act xi of 1859 was disallowed on the ground that . 'a sale is a sale made under the act within the meaning of the act, when it is a sale for arrears of government revenue, held by the collector or other officer authorized to hold sales under the act, although it may be contrary to the provisions of the act either by reason of some irregularity in publishing or conducting the sale, or in consequence of some express provision for exemption having been directly.....
Judgment:

Best, J.

1. * * * * The period of limitation for a suit of this kind is six months from the date of the sale, (see Section 59 of Act It of 1864 and Venkata v. Chengadu I. L. R 12 M 168 The appellant's contention that the limitation prescribed by the above section, is inapplicable to sales which are open to the objection of illegality (as distinguished from mere irregularities) by reason of their contravening some express law--such as Regulation X of 1831, as alleged in the present case., is opposed to the recent ruling (dated 8th July 1893) of the Privy Council in Raja Gobind ,Lal Roy v. Ramjanam Misser now reported at I. L. R 21 C 70 (not yet reported I believe), where a similar contention in the case of a sale under Act XI of 1859 was disallowed on the ground that . 'a sale is a sale made under the Act within the meaning of the Act, when it is a sale for arrears of Government revenue, held by the Collector or other officer authorized to hold sales under the Act, although it may be contrary to the provisions of the Act either by reason of some irregularity in publishing or conducting the sale, or in consequence of some express provision for exemption having been directly contravened.' * * * * * *

Muthusami Aiyar, J.

2. I concur.


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