This Second Appeal by the plaintiff turns upon the question of limitation. Both the Courts below have agreed and there is no dispute in this Court that Article 116 of the Limitation Act governs the suit. But they have differed as to when time began to run. The lower appellate Court was of the view that the date of the sales in favour of the plaintiff would be the starting point, while the trial Court held that 21st July, 1951, when the plaintiff failed to get a decree declaring his title to the suit property, would be the starting point. I have to decide which of the two views is the correct one.

One Chennimalai was adjudged an insolvent on 25th February, 1933. On 28th August, 1934, the Official Receiver sold to one Pethan Chettiar his right, title and interest in the suit property. Pethan Chettiar got on 14th July, 1937, symbolical delivery of the insolvent’s share purchased by him. The successors-in-interest of Pethan Chettiar sold the suit property to the plaintiff under two sale deeds both dated 20th January, 1949. On the strength of the sales in his favour, the plaintiff instituted O.S. No. 86 of 1949 on the file of the District Munsif’s Court, Karur, to recover poss