ARUNAGIRI MUDALIAR Vs. UTHANDO MUDALI

JUDGEMENT

(1.) THE application for delivery of the property was made on the 19th January 1910, i.e., after the Limitation Act of 1908 had come into force. THE sale had been confirmed on the 28th July 1906, and thereupon became absolute under Section 314 of the Code of Civil Procedure, 1882. It has been contended before us that the sale did not become absolute until the final dismissal of the petition put in by a third party under Section 311 of the Code of Civil Procedure, 1882, but we are unable to accept this contention. On these facts, we are of opinion that the Article of Limitation Act applicable to the present application is Article 180 of the 2nd Schedule of the Act of 1908, the period of limitation being three years from the date when the sale became absolute.

(2.) WE, therefore, dismiss this appeal with casts.