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Judgment
5 paragraphs · 113 words
1.
Here the judgment-debtor was in possession at the date of the sale and is now defendant. Plaintiff bought from the purchaser at the Court sale
and can be in no better position than his vendor. Nothing was done upon the writ of possession issued at the suit of the vendor's widow. The
execution purchaser would be barred and therefore the plaintiff is equally barred Arumuga v. Chockalinqam ILR 15 Mad. 831 The decision in
Kishori Mohun Roy Chowdhry v. Chunder Nath Pal ILR 14 Cal. 644 is distinguished by the fact that in that case there was formal delivery. We
must reverse the decree and we dismiss the suit with costs throughout.