SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1916 Supreme(Mad) 49

S.AIYAR, MOORE
Ramaswami Aiyar – Appellant
Versus
Abdul Aziz Saib – Respondent


JUDGMENT

1. We think that we ought to follow the considered decision in Sultan Sahib Marakayar v. Chidambaram Chettiar 1 Ind. Cas. 998; 32 M. 136; 19 M.L.J. 224; 4 M.L.T. 350, which held that an application for possession by a decree-holder-purchaser is not an application to execute the decree. Article 182 of the Limitation Act, therefore, cannot apply and the question of the saving of limitation by steps taken in aid of execution does not arise in respect of such applications. Further, Article 180 of the new Limitation Act expressly applies to such an application and no other Article could, therefore, be applied.

2. Applying Article 180 the present application, made 6 years after the Court-auction-sale had become absolute, was rightly dismissed by the lower Court as barred.

3. The appeal is dismissed with costs.

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top