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Khadersa Hajee Bappu Vs. Puthen Veettil Ayissa Dmmah and ors. - Court Judgment

LegalCrystal Citation
SubjectLimitation
CourtChennai
Decided On
Judge
Reported in(1911)ILR34Mad511
AppellantKhadersa Hajee Bappu
RespondentPuthen Veettil Ayissa Dmmah and ors.
Excerpt:
limitation act, xv f 1877 schedule ii, articles 120, 123, 144 - period of limitation applicable to suit by muhammadan to recover his share of his deceased wife's estate. - benson and krishnaswami ayyar, jj.4. the full bench has decided that article 144 and not article 123 of the limitation act applies. we cannot decide whether on the facts of this case the suit is barred under article 144. in accordance with the opinion of the full bench, we reverse the decree of the lower appellate court and remand the case to the district court for disposal according to law. the costs will be provided for in the revised decree.
Judgment:

Benson and Krishnaswami Ayyar, JJ.

4. The Full Bench has decided that Article 144 and not Article 123 of the Limitation Act applies. We cannot decide whether on the facts of this case the suit is barred under Article 144. In accordance with the opinion of the Full Bench, we reverse the decree of the lower Appellate Court and remand the case to the District Court for disposal according to law. The costs will be provided for in the revised decree.


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