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1925 Supreme(Mad) 198

V.RAO
Guntur Narasimham – Appellant
Versus
Nyapati Narayan Rao Garu – Respondent


JUDGMENT

Venkatasubba Rao, J.

1. The question to be decided in this appeal is one of limitation. This suit was filed under Section 53 of the Transfer of Property Act. The plaintiff being the Receiver in insolvency represents the body of creditors of the insolvent. The transaction impeached is a mortgage, dated 27th July 1908, executed by the insolvent in favour of the defendant. The suit was filed on the l5th February 1918.

2. The first question that arises is : What is the article that is applicable? Article 120 seems to he the appropriate article. The decisions seem to be to the same effect : See Autkikesavaloo Naicker v. Hussain Sahib Kadiri [1915] 2 L.W. 479 and Venkateswara Aiyar v. Somasundaram Chettiar [1918] 7 L.W. 280. It was conceded before us, and in my opinion rightly, that the article applicable is Article 120. The more difficult question, however is : What is the starting point of limitation? On this point, there is no authority. Phillips, J., in Venkateswara Aiyar v. Somasundaram Chettiar [1918] 7 L.W. 280 expressed the view that the time runs from the date when the plaintiff had the knowledge of the facts entitling him to relief. This though, an obiter dictum, is entit




































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