R ISWARA PATTER Vs. V KARUPPAN ALIAS VELLA

JUDGEMENT

(1.) A preliminary objection was taken to this appeal in that the 5th defendant, the appellant, having been found to be a benami purchaser, he had no locus standi, but inasmuch as he is the certificated purchaser we must recognize him and overrule the objection.

(2.) The first point taken in the appeal, namely, that the suit is not sustainable without the Collector being made a party to it, is also overruled, for, as it was not a point taken in either of the lower courts, we cannot consider it now.

(3.) The only question for our determination is by what rule of limitation the plaintiff's suit to set aside the sale for revenue arrears was governed, fraud being alleged and proved.