MOOSSA HAJI Vs. BEE PATHU

JUDGEMENT

(1.) This is an appeal from the order of the Subordinate Judge of Tellicherry in E. P. No. 169 of 1956 in O. S. No. 91 of 1946. The only question for decision is whether the execution petition, is barred by limitation.

(2.) It is common ground that it is within time, If E. P. No. 54 of 1950 can be considered as a step-in-aid or execution, and that, it is not, if that petition cannot be so considered.

(3.) The decree in O. S. No. 91 of 1946 directed that: "The 1st defendant as Karavan of the tarwad and out of the tarwad properties do pay plaintiffs Rs. 6,955-0-0 with interest thereon at six per cent, per annum from the date of suit, viz., 15-10-1946, to the date of realisation"; and that: