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1966 Supreme(Ker) 107

S.VELU PILLAI, T.S.KRISHNAMOORTHY IYER
Krishna Pillai – Appellant
Versus
Velayudhan Pillai – Respondent


Judgment :-

1. This appeal by the 8th defendant raises the question of interpretation of the words "when the sale becomes absolute" occurring in the third column of Art.180 of the Indian Limitation Act (IX of 1908).

2. In execution of the decree, the decree-holder purchased decree schedule item 1 on 1191953 and decree schedule items 4 and 5 on 26 91953. The court sale in respect of item 1 was confirmed on 1110 1953. The 8th defendant filed a petition to set aside the court sale of items 1, 4 and 5 on 26-10-1953 under 0.21, R.90, C. P. C., which was dismissed for default on 19-1-1957 and the sale of items 4 and 5 was confirmed on the same date. The 8th defendant filed an application on 1121957 to restore the petition to set aside the court sale which was dismissed for default and it was restored on 5 71957. The said petition was dismissed on 19101958 on the merits. The auction purchaser filed the petition for getting delivery of items 1, 4 and 5 on 17101960. The execution court rejected the petition for delivery on the ground that it was barred by limitation under Art.180 of the Indian Limitation Act while the appellate court held that the petition for delivery was not barred since i
























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