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(1963) 2 MLJ 231 (Mad)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Present : Mr. Justice M. Anantanarayanan and Mr. Justice G.R. Jagadisan
Case Number(s) : Appeal.No. 295 of 1960. (10th Magha, 1884, Saka)
Judgement Date :
Wednesday 30th of January 1963
| A.N. Marudachalam Chettiar | .....Appellant(s) | | Versus | | | S.A. Veera Boyan | .....Respondent(s) |
Civil Procedure Code (V of 1908), section 47 and Order 21 — Sale in execution of mortgage decree — Decree-holder withdrawing sale amount and entering full satisfaction — Auction purchaser obstructed and unable to obtain delivery of possession as it was established that mortgagor himself had no right title or interest, not even possessory interest in hypotheca — Suit by auction purchaser against decreeholder for refund of sale amount — Not barred — Limitation — Article 96 of Limitation Act (IX of 1908), Applicability — Starting point.
Cases Referred
Rudrayya v. Subbarayappa A.I.R. 1941 Mad. 742.
Nagayya v. Penukonda Co-operative Town Bank Ltd. (1946) 2 M. L. J. 231
Macha Koundan v. Kottora Koundan I. L. R. 59 Mad. 202 (F. B.) : (1935) 69 M.L.J.750
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