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Sani Kommu Veligondareddi and ors. Vs. Andra Narayya and anr. - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported in33Ind.Cas.436
AppellantSani Kommu Veligondareddi and ors.
RespondentAndra Narayya and anr.
Excerpt:
limitation act (ix of 1908), schedule i, article. 44, applicability of - sale by guardian on behalf of minor--sale-deed not registered--suit by minor to set aside sale. - coutts trotter, j.1. the contention put forward by the appellant is that article 44 of the limitation act applies to this case. the purported sale was not registered as required by law and no title passed under it. the plaintiff is entitled to bring his action for trespass in ejectment as against the trespasser. in these circumstances article 44 does not apply and the lower courts have rightly held that the suit is not barred. the appeal is dismissed with costs.seshagiri aiyar, j.2. i agree. article 44 of the limitation act would apply only if the sale is enforceable, that is, a sale which if not set aside would give a right to the property. if there is no sale to be set aside, the article has no application.
Judgment:

Coutts Trotter, J.

1. The contention put forward by the appellant is that Article 44 of the Limitation Act applies to this case. The purported sale was not registered as required by law and no title passed under it. The plaintiff is entitled to bring his action for trespass in ejectment as against the trespasser. In these circumstances Article 44 does not apply and the lower Courts have rightly held that the suit is not barred. The appeal is dismissed with costs.

Seshagiri Aiyar, J.

2. I agree. Article 44 of the Limitation Act would apply only if the sale is enforceable, that is, a sale which if not set aside would give a right to the property. If there is no sale to be set aside, the Article has no application.


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