1981 Supreme(AP) 45

Andhra Pradesh High Court
Judges : SETHURAMAL
Bhagyathammal - Appellant
Versus
Dhanabagyathammal - Respondent
S. A. No. 2352/1977
Decided On : 02-26-81
.

Headnote:Art 55 of Limitation Act of 1963 - Right to recover damages from vendor when the sale fails for want of title in the vendor

       HELD:- When a person deliberately purchases a property with the knowledge of defect of the vendor s litle he cannot be granted damages for violation of the covenant for title The principle of damages is based on the representation being made by a party which was believed and acted upon by another and so sustained damages (paras 5 & 6)

       If the plaintiff knows about the defect in title even on the date of agreement of sale the cause of action arises on the date and the limitation runs from that date (para 10 )