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1917 Supreme(Mad) 321

A.RAHIM, OLDFIELD
Nandur Subbayya – Appellant
Versus
Sri Raja Venkatramayya Apparao – Respondent


JUDGMENT

Abdur Rahim, J.

1. The decree-holder having purchased the property in dispute at an execution sale, which was confirmed on 16th January 1911, applied for delivery of possession by a petition presented on the 16th April 1915. If nothing further had happened, there could be no doubt that his application was out of time, applying to it Article 180 which was for the first time enacted in the new Limitation Act and lays down a period of three years for an application by a purchaser of immoveable property at a sale in execution of a decree for delivery of possession, reckoning time from the date when the sale becomes absolute. Previously, however, to the present application the respondent had made a similar application first on the 9th November 1912 and another on the 4th December 1912, and both these petitions were dismissed by one order on the 10th December 1912, on the ground that the purchaser was unable to identify the land. A third application was put in on the 4th July 1913. On that an order was passed, Deliver, that is, deliver possession of the land, on the 7th July 1913. Then I take it that the order of the Court to deliver possession was entrusted to the amin or some ot










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