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1887 Supreme(SC) 22

SIR BARNES PEACOCK, SIR RICHARD COUCH, LORD FITZGERALD
NAWAB ZAIN-UL-ABDIN KHAN – Appellant
Versus
MUHAMMAD ASGHAR ALI KHAN – Respondent


Advocates:
Solicitors for appellants:T. L. Wilson & Co. Solicitors for respondents: Oehme & Summerhays.

Judgement

APPEAL from a decree of the High Court (June 11, 1883), in two appeals which reversed a decree of the Subordinate Judge of Moradabad (March 16, 1882).

The question in this appeal was whether certain auction sales of property formerly in the possession of the Plaintiff, made by order of the Court in the year 1874 and two following years, could be invalidated, the decree under which such sales took place having been subsequently modified in appeal, and as to whether or not the claim for invalidation of such sales was barred by limitation.

The facts are stated in the judgment of their Lordships.

The judgment of the High Court was as follows—

" Two pleas were urged before us at the hearing—first, that the substantial relief prayed in the suit being to have the auction-sales of November, 1874, 1875, and 1876 set aside, it is barred by limitation, whether we look to art. 14 of Act IX. of 1871, or to art. 12 of Act XV. of 1877; secondly, that the Appellants, either themselves being or representing the auction-purchasers at such sales, which have never been set aside, have acquired an indefeasible title to the property sought to be recovered and the Plaintiff-Respondent has no ca



























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