SANKARALINGA KONAR Vs. VENKATACHALA KONAR ALIAS GOVINDA KONAR

JUDGEMENT

(1.) THIS Civil Revision Petition arises out of the execution of a decree in SC.No. 1133 of 1951 on the Me of the District Munsif, Tirunelveli, and involves for decision a plea of limitation.

(2.) THE petitioner before me obtained a decree in S.C. No. 1133 of 1951 on the file of the District Munsif's Court, Tirunelveli, on 19th October, 1951. He filed an execution petition which however terminated by a final order, dated 6th July, 1952. The next execution petition filed by him is dated Ist October, 1958. Obviously this execution petition being beyond three years from 6th July, 1952, is barred by limitation but the decree -holder contended in the Court below that the defendant was an agriculturist entitled to the benefits of Madras Art I of 1955 and that the decree amount became payable in instalments as provided for under Section 4 of the said Act. He conceded that in respect of the first and second instalments due as per the provisions of the statute the execution petition was barred by limitation but contended that in respect of the third and fourth instalments he was well within time as these instalments became due and payable only on 1st July, 1956 and 1st July, 1957. The learned District Munsif dismissed the execution petition holding that it is barred by limitation. His reasoning is as follows :

(3.) SECTION 4 of Madras Act I of 1955 provides: