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1925 Supreme(Mad) 191

V.RAO, M.NAIR
Guntur Narasimham – Appellant
Versus
Nyapati Narayana 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 15th of February 1918.

2. The first question that arises is what is the Article that is applicable? Article 120 seems to be the appropriate Article. The decisions seem to be to the same effect: see Authikesavaloo Naicker v. Shalt Abdulla 29 Ind. Cas. 62 : 2 L.W. 479 : (1915) M.W.N 337 and Venkateswara Aiyar v. Somasundram Chettiar 44 Ind. Cas. 551 : 7 L.W. 280 : (1918) M.W.N. 244. 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. Somasundram Chettiar 44 Ind. Cas. 551 : 7 L.W. 280 : (1918) M.W.N. 244 expressed the view that the time runs from the date when the plaintiff had knowl





















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