AI Structured Summary
Not yet generated for this judgment
Judgment
7 paragraphs · 130 words
1.
In the circumstances stated we think there can be no doubt that Article 12 (a) of the second schedule of the Limitation Act cannot properly be
applied to the suit brought by the plaintiff.
2.
Whatever was the intention of the parties who took part in the execution sale, that transaction could not affect the title of the plaintiff, and
therefore it was not necessary for him to have the sale set aside.
3.
We cannot agree with the decision in Suryanna v. Durgi ILR 7 Mad. 258 which was also a case of a sale in execution of a decree.
[After the delivery of the above judgment the decree of the District Court was set aside, and the appeal was remanded to he disposed of on the
merits.]