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1921 Supreme(Mad) 128

S.AIYAR
Govinda Pillai – Appellant
Versus
Dasai Goundan – Respondent


JUDGMENT

Sadasiva Aiyar, J.

1. The assignee-decree-holder is the appellant. The following are the relevant facts and dates. On 20-9-1912 the final decree for sale of the hypothecated properties was passed. Items 4 and 5 of the hypothecated properties were afterwards acquired by the Government under. the Land Acquisition Act and Rs. 3400 (Compensation money) was deposited in court for the Government on 11-8-1914, to the credit of the suit. The decree amount with interest on that date amounted to Rs. 3926-0-0 according to the degree-holder. The decree holder drew the compensation amount of Rs. 3400 from the court on 11-8-1914 and he filed the present execution application for sale of two other hypothecated items on 10-8-1917. The questions for consideration are (I) whether the execution petition is barred by limitation and (2) what was the balance due under the decree, whether it was Rs. 500 and odd with interest from 11-8-1914 as claimed by the decree-holder or lesser sum and if so, what sum?

2. The lower court on 30th September 1919 held on the 2nd point that only Rs. 103-7-8 was the -sum due on 11-8-1914 under the decree. On the first point it held that because on 11-8-1914 the comp















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