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Kutti Ali's wife Achumma and Anr. Vs. Elychan Edathil Karnavan and Manager, Dharman Achan AVL (05.11.1909 - MADHC) - Court Judgment

LegalCrystal Citation
SubjectLimitation
CourtChennai
Decided On
Judge
Reported in6Ind.Cas.290
AppellantKutti Ali's wife Achumma and Anr.
RespondentElychan Edathil Karnavan and Manager, Dharman Achan AVL
Cases ReferredMammikutti v. Puzhakkal Edoun
Excerpt:
limitation - covenant for quiet enjoyment--breach--bight to sue--limitation act (ix of 1908), schedule i, article 15. - 1. the plaintiffs practically allege a covenant for quiet enjoyment and breach of it by the defendant. if it be so found, this circumstance takes the case out of the authority of mammikutti v. puzhakkal edoun 29 m.k 353. the plaintiffs would be entitled to sue within 3 years of the breach under article 15 of the 1st schedule of the indian limitation act. we reverse the decree of the district judge and remand the case for disposal according to law. the costs will abide and follow the result.
Judgment:

1. The plaintiffs practically allege a covenant for quiet enjoyment and breach of it by the defendant. If it be so found, this circumstance takes the case out of the authority of Mammikutti v. Puzhakkal Edoun 29 M.K 353. The plaintiffs would be entitled to sue within 3 years of the breach under Article 15 of the 1st Schedule of the Indian Limitation Act. We reverse the decree of the District Judge and remand the case for disposal according to law. The costs will abide and follow the result.


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