CHANDRA REDDY, C. J.

( 1 ) THE primary point that falls for decision in this Letters Patent Appeal relates to the scope of Article 182 (5) of the Indian Limitation Act and it arises in the following circumstances :

( 2 ) THE appellant filed a suit in the court of the District Munsif, Tirupathi, for recovery of possession of a vacant site situated in the Tirupati town leased out by his father permanently to the respondent on a rental of Rs. 2. 00 per month on the ground that it did not bind him. Judgment was entered by the trial Court in favour of the appellant on 7-9-1949. An appeal carried by the aggrieved respondent to the appellate Court proved unsuccessful, the date of the appellate Courts decree being 5-12-1950. During the pendency of the appeal, the respondent sought stay of execution of the decree and that was granted on condition that he deposited the costs awarded against him. The respondent deposited the costs on 17-1-1950. The appellant applied for payment out of this amount by means of a cheque on 2-2-1953 and an order for the issue of a cheque was made by the appellate court on 13-2-1953.

( 3 ) THE appellant put into execution the decree in his favour on 27-1-1955. This

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