High CourtsDivision Bench(1909) 11 MAD CK 0043

Kutti Ali's wife Achumma and Another vs Elychan Edathil Karnavan and Manager, Dharman Achan AVL

Madras High Court · Decided on 5 November 1909 · Citation: 6 Ind. Cas. 290

HON’BLE JUDGES
Ralph Benson, J · Krishnaswami Aiyar, J

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Judgment

1 paragraphs · 89 words
1.

The plaintiffs practically allege a covenant for quiet enjoyment and breach of it by the defendant. If it be so found, this circumstance takes the case out of the authority of Mammikutti v. Puzhakkal Edoun 29 M.K 353. The plaintiffs would be entitled to sue within 3 years of the breach under Article 15 of the 1st Schedule of the Indian Limitation Act. We reverse the decree of the District Judge and remand the case for disposal according to law. The costs will abide and follow the result.