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1892 Supreme(Mad) 60

BEST, M.AYYAR
Arumuga – Appellant
Versus
Chockalingam – Respondent


JUDGMENT

Muttusami Ayyar, J.

1. This was a suit by a purchaser at a private sale from the son of a purchaser at a Court sale, who had not obtained possession from the judgment-debtors. Both the Courts below held that it was barred by Article 138, second schedule of the Act of Limitations. I think that the decision is correct and that the appellants contention that Article 136 governs the claim is not tenable. If the suit was brought by the auction purchaser, Article 138 would clearly apply. There is no reason to think that when it is brought either by his son or a purchaser claiming under him, the article ceases to be applicable. Reading Articles 136

_____________________________________________________________________ ____________________________________________________________ [Article:

_____________________________________________________________________ ____________________________________________________________ Description of Suit. | Period of | Time from which period begins to run.

| limitation. |

_____________________________________________________________________ ____________________________________________________________

136. By a purchaser at a private | Twelve years ... | Wh




























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