Judgement

Law. Rep. 54 Ind. App. 272 ( 1926- 1927)

Maung Sin V. Ma Tok 109

Appeal (No. 68 of 1926) from a decree of the High Court, sitting at Mandalay (July 20, 1925), reversing a decree of the District Court of Sagaing.

The appeal arose out of an application by the respondent in 1924 to execute a decree made in 1916.

The facts appear from the judgment of the Judicial Committee.

The District Judge held that the application was barred by the Indian Limitation Act, 1908.

On appeal to the High Court the decision was reversed. The learned judges (Heald and Pratt JJ.) held that having regard to the Indian Limitation Act, 1908, Sch. L, art. 182, cl. 7, the application as to the annual payments clearly was not barred. With regard to the claim for possession they held that during the years before 1923 the appellant had incurred expenses which the respondent was entitled to accept as payments under the decree. They held that having regard to Tukaram v. Babaji (( 1895) I.

L. R. 21 Bom. 122.) and other decisions those payments could be certified under Order XXI., r. 2, at any time, and that the applicant was entitled to have them certified. On that view there was no default until 1923, and the