D.G.PALEKAR, K.S.HEGDE, P.JAGANMOHAN REDDY
Rabindra Nath Samuel Dawson – Appellant
Versus
Sivakasi – Respondent
Judgment
P. JAGANMOHAN REDDY, J.:- This appeal is by certificate against the judgment of the Madras High Court allowing the appeal and setting aside the judgment and decree of the Principal Subordinate Judge, Nagarcoil, granted in favour of the appellant on the ground that it is barred by limitation and that the appellant cannot be allowed under Section 14 of the Indian Limitation Act 1908 to exclude the period during which he was prosecuting an earlier suit and appeal as it could not be said to be prosecuted bona fide.
2. The properties which were the subject-matter of litigation were situated in the erstwhile State of Travancore and belong to the sub Tarvadh of respondents 1, 2, 3, 9 and 10 (original defendants 1-5.) They were brought to sale for arrears of land revenue and Items 1 and 2 were purchased by A. Mudaliar. The sales were confirmed, sale sanads were issued and the possession of the said items was delivered to the purchaser. Thereafter the purchaser a. Mudaliar sold them to C. T. Mudaliar who in turn sold the properties to the first plaintiff by a registered sale deed. Items 3, 4, 5 and 6 were similarly sold through Revenue sale at different times and were purchased by Sh
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