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1896 Supreme(Mad) 149
IN THE HIGH COURT OF MARAS
S Ayyar, Davies
Appa Rau Sanayi Aswa Rau
Versus
Krishnamurthi
Decided On : 4 December, 1896
The interpretation of Section 7 and Section 5 of the Limitation Act in relation to suits under the Registration Act.
Headnote:
Limitation Act - Applicability to Suits under Registration Act - Interpretation of Section 7 and Section 5
Fact of the Case:
The court considered the applicability of Section 7 of the Limitation Act to suits brought under Section 77 of the Registration Act.
Finding of the Court:
The court held that based on the reasoning in the Full Bench decision, both Section 7 and Section 5 of the Limitation Act were deemed inapplicable to such suits.
Issues: Interpretation of the applicability of Section 7 and Section 5 of the Limitation Act to suits under the Registration Act.
Ratio Decidendi: The court's decision was influenced by the reasoning adopted by the learned Judges in the Full Bench decision, concluding that both Section 7 and Section 5 were inapplicable to the suits in question.
Final Decision: The appeal failed and was dismissed with costs.
1. Though the precise point for decision in the Full Bench Case Veeramma v. Abbiah I.L.R. 18 Mad. 99 related to the applicability of Section 7 of the Limitation Act alone to suits brought under Section 77 of the Registration Act, yet having regard to the reasoning, as a whole, adopted by the learned Judges in arriving at their conclusion that Section 7 did not apply, we think we cannot but hold, on the strength of that decision, that Section 5 also is inapplicable to such suits.
2. Arguments, however, have been urged before us, which appear to have considerable force in favour of the applicability of Section 5, but we think the question is concluded by the Full Bench decision, and consequently that we are not at liberty to discuss it.
3. The appeal fails and is dismissed with costs.
