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Pullayya Vs. Ramayya - Court Judgment

LegalCrystal Citation
SubjectCivil;Property
CourtChennai
Decided On
Judge
Reported in(1895)ILR18Mad144
AppellantPullayya
RespondentRamayya
Cases ReferredKishori Mohun Roy Chowdhry v. Chunder Nath Pal I.L.R.
Excerpt:
code of civil procedure - act xiv of 1882, sections 316, 318--execution of decrees--delivery of immoveable property in possession of judgment--debtor--suit by assignee of purchaser at court sale for possession--limitation. - - plaintiff bought from the purchaser at the court sale and can be in no better position than his vendor.1. here the judgment-debtor was in possession at the date of the sale and is now defendant. plaintiff bought from the purchaser at the court sale and can be in no better position than his vendor. nothing was done upon the writ of possession issued at the suit of the vendor's widow. the execution purchaser would be barred and therefore the plaintiff is equally barred arumuga v. chockalinqam i.l.r. 15 mad. 831 the decision in kishori mohun roy chowdhry v. chunder nath pal i.l.r. 14 cal. 644 is distinguished by the fact that in that case there was formal delivery. we must reverse the decree and we dismiss the suit with costs throughout.
Judgment:

1. Here the judgment-debtor was in possession at the date of the sale and is now defendant. Plaintiff bought from the purchaser at the Court sale and can be in no better position than his vendor. Nothing was done upon the writ of possession issued at the suit of the vendor's widow. The execution purchaser would be barred and therefore the plaintiff is equally barred Arumuga v. Chockalinqam I.L.R. 15 Mad. 831 The decision in Kishori Mohun Roy Chowdhry v. Chunder Nath Pal I.L.R. 14 Cal. 644 is distinguished by the fact that in that case there was formal delivery. We must reverse the decree and we dismiss the suit with costs throughout.


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