RAMALINGA IYER Vs. VASUDEVAN MOOSAD

JUDGEMENT

(1.) The plaintiff in O.S.No. 401 of 1951 of the Munsiffs Court of Tirur, is the appellant in this second appeal. The suit was to recover a sum of Rs. 1014-10-0 as damages for the breach of a covenant for title in respect of item 64 of the sale deed Ext. A2 dated 31-5-1938. It was contended before me that the suit should be considered as a suit for damages for the breach of a covenant for quiet enjoyment as well.

(2.) The suit was decreed by the Trial Court. The decree was reversed by the Subordinate Judge of South Malabar at Kozhikode by his judgment in A.S. No. 110 of 1953 on the ground that the suit was barred by limitation.

(3.) The facts leading up to the present litigation are summarised as follows in Para.2 of the appellate judgment: