GEEVARGHESE MUTHALALI Vs. BHAGAVATHI AMMAL SHETHALEKSHMI AMMAL

JUDGEMENT

(1.) The 13th defendant in O. S. No. 1 of 1115 on the file of the District Court, Quilon, is the appellant in this second appeal.

(2.) The question that arises for consideration in this second appeal turns on an interpretation of S.30(b) of the Limitation Act, 1963 (Act 36 of 1963) hereinafter referred to as the new Act. The decree holder respondent in execution of the decree in O. S. No. 1 of 1115 purchased the property in court auction and the sale was confirmed on 25-10-62. She applied for delivery on 1-4-1964 and was met with the plea that the application was barred by limitation under the provisions of the new Act. Under Art.180 of the Indian Limitation Act, 1908, hereinafter called the old Act, the period for a purchaser of an immovable property to apply for delivery of possession was three years from the date of confirmation of the sale. On that basis the application for delivery made by the decree holder was well within time. But in the meantime, the new Act had come into force on 1-1-1964. Under Art.134 of the new Act, the period allowed to an auction purchaser for taking delivery of the immovable property purchased in execution of a decree was reduced to one year from the date of confirmation of the sale. In terms of this provision in the new Act, the execution petition for delivery was barred by limitation. But S.30(b) of the new Act provided that:

(3.) In sub-s.(1) of S.12 it is provided that: