KUTTAN NAYAR Vs. KRISHNAN MUSSAD

JUDGEMENT

(1.) FOLLOWING the decision in Sesha Ayyar V/s. Krishna Ayyanga I.L.R. 24 M. 96 which is based, on the judgment of their Lordships of the Privy Council in Rahag Kishendatt Ram V/s. Rnjah Mumtaz Ali Khan L.R. 6 I.A. 145 and dissents from Erusappa Mudaliar V/s. Commercial and Land Mortgage Bank, Limited I.L.R. 23 M. 377 we must hold that the purchase was valid/arid also following the judgment of the Privy Council in Malkarjun V/s. Narhari I.L.R. 25 B. 337, that even if the sale were invalid, the time for setting it aside has passed long ago.

(2.) WE, therefore, allow this appeal, set aside the decree of the District Judge, and restore that of the District Munsif with costs in this court and in the lower appellate Court.