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Nagari Subbanna Vs. Karapakula Naranayya and ors. - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported in123Ind.Cas.362
AppellantNagari Subbanna
RespondentKarapakula Naranayya and ors.
Cases ReferredDamaraju Narasimha Rao v. Thadinada Gangaram
Excerpt:
limitation act (ix of 1908), schedule i, article 29 - suit for compensation for seizure of cattle previously mortgaged--article 29, whether applicable. - .....act is not applicable.2. the deed of hypothecation does not give the appellant any right to be in possession of the cattle attached. the seizure cannot be said to be wrongful as all that the appellant is entitled to is to have the sale subject to his hypothecation. niadar singh v. ganga dei 35 ind. cas. 86 : 38 a. 676 : 14 a.l.j. 728 is in point. as pointed out there can only be wrongful seizure when the property was in the possession of the person. it may be that constructive possession will do. but when there is no right to possession there can be no wrongful seizure. damaraju narasimha rao v. thadinada gangaram 4 m.l.t. 271 : 31 m. 431 : 18 m.l.j. 590 was a case of possession. i set aside the decree of the district judge and remand the appeal for disposal on the merits. costs will.....
Judgment:

Kumaraswami Sastri, J.

1. I think Article 29 of the Limitation Act is not applicable.

2. The deed of hypothecation does not give the appellant any right to be in possession of the cattle attached. The seizure cannot be said to be wrongful as all that the appellant is entitled to is to have the sale subject to his hypothecation. Niadar Singh v. Ganga Dei 35 Ind. Cas. 86 : 38 A. 676 : 14 A.L.J. 728 is in point. As pointed out there can only be wrongful seizure when the property was in the possession of the person. It may be that constructive possession will do. But when there is no right to possession there can be no wrongful seizure. Damaraju Narasimha Rao v. Thadinada Gangaram 4 M.L.T. 271 : 31 M. 431 : 18 M.L.J. 590 was a case of possession. I set aside the decree of the District Judge and remand the appeal for disposal on the merits. Costs will abide and follow the result. Court-fees will be refunded.


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