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1954 Supreme(Mad) 22

P.V.RAJAMANNAR, UMAMAHESWARAM


Advocates:
V.K. John of Messrs. John & Row for Appellant.

Rajamannar, C.J.-

We agree with Basheer Ahmed Sayeed, J., that the claim of the Corporation for recovery of the amount of the expenses of the work done by them under section 218 of the City Municipal Act is barred by limitation under section 390-A of the City Municipal Act. Under section 218(2), if the owners fail to carry out the work which they have been called upon to carry out under section 218 (1) within the time prescribed in the notice issued to them, the Commissioner may execute such work and the expenses incurred by him shall be paid by the owners in such proportions as may be settled by the Commissioner. The suit was filed beyond three years from the date on which the expenses can be said to have been incurred by the Corporation. But it was contended on behalf of the Corporation that the claim was within time because the Commissioner setded proportions as between the several owners within a period of three years from the institution of the suit. The trial Court and Basheer Ahmed Sayeed, J., on appeal held that the starting point of limitation cannot be postponed by the action of the Commissioner and that time would commence to run from the date on which the expenses were i


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