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1940 Supreme(Mad) 492

ALFRED HENRY LIONEL LEACH
Sri Kasikananda Gnanacharya Swamigal – Appellant
Versus
Saravana Perumal Pillai – Respondent


JUDGMENT

Alfred Henry Lionel Leach, C.J.

1. The Chief Justice. The only question which arises in this appeal is whether a person who claims to come within Section 14 of the Limitation Act has to show that in pursuing his remedy in other proceedings he acted in good faith or whether the burden of showing lack of good faith is on his opponent. The appellant obtained a decree on a promissory note against one Nataraja Pillai on the 22nd October, 1930. On the 10th December, 1931, Nataraja Pillai sold certain Immovable properties to the respondents. On the 12th August, 1932, the appellant attached these properties in execution of the decree which he had obtained on the promissory note and at the sale, which was held on the 15th January, 1935, he purchased the properties. When he desired to enter into possession he was obstructed by the respondents, who claimed title by reason of their purchase of the properties on the 10th-December, 1931. On the 27th June, 1935, the appellant applied to the District Munsif of Manamadura, in whose Court the execution proceedings had taken place, for an order against the respondents under Order 21, Rule 97 of the Code of Civil Procedure requiring them to del













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