High Courts(1902) 03 MAD CK 0012

Kuttan Nayar vs Krishnan Mussad and Others

Madras High Court · Decided on 11 March 1902 · Citation: (1902) 12 MLJ 390

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Judgment

6 paragraphs · 129 words
1.

Following the decision in Sesha Ayyar v. Krishna Ayyanga ILR 24 M. 96 which is based, on the judgment of their Lordships of the Privy

Council in Rahag Kishendatt Ram v. Rnjah Mumtaz Ali Khan L.R. 6 IndAp 145 and dissents from Erusappa Mudaliar v. Commercial and Land

Mortgage Bank, Limited ILR 23 M. 377 we must hold that the purchase was valid/arid also following the judgment of the Privy Council in

Malkarjun v. Narhari ILR 25 B. 337 that even if the sale were invalid, the time for setting it aside has passed long ago.

2.

We, therefore, allow this appeal, set aside the decree of the District Judge, and restore that of the District Munsif with costs in this court and in

the lower appellate Court.