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1942 Supreme(Mad) 372

ALFRED HENRY LIONEL LEACH
T. Sankara Menon – Appellant
Versus
T. V. Sundara Aiyar – Respondent


JUDGMENT

Alfred Henry Lionel Leach, C.J.

1. The questions in this appeal relate to the law of limitation. On the 7th December, 1936, the respondent obtained a mortgage-decree against the appellants in the Court of the Subordinate Judge of South Malabar. On the 19th March, 1937, the decree-holder applied for the sale of one of the several properties covered by the decree. This item was sold on the 6th September, 1937, and on the 4th March, 1938, the sale was confirmed and partial satisfaction entered up. On the 6th October, 1939, the decree-holder applied for delivery of possession of the property sold. The appellants asked the decree-holder to give them time and he consented to do so. Consequently on the 16th November, 1939, this application was dismissed. On the 30th September 1940, the decree-holder filed a second application for an order directing delivery of possession of the property which he had purchased, and on the 27th November, the parties reported to the Court, that possession had been given. On the 28th August, 1941, the decree-holder filed the application which has given rise to this appeal. He applied for the sale of the remaining items of property covered by : his decr






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