SUNDARAM AIYAR Vs. THIYAGARAJA PILLAI

JUDGEMENT

(1.) This is an appeal against the judgment of the Acting Subordinate Judge of Tanjore who reversed the decision of the District Munsif of Tiruvadi on the question of limitation and remanded the suit for disposal on the other issues raised in the case.

(2.) The main facts necessary for determining the issue of limitation may be briefly stated. The kudivaram rights in the properties to which this suit relates belonged to one Sama Rao and were sold for arrears of rent due by him to the Palace Estate and were purchased by one Maria Pillai on 1 March, 1895, to whom the Palace Estate granted a patta. Maria Pillai, on 1st January, 1897, hypothecated the properties to one Nethar Bibi who filed O.S. No. 400 of 1902 and obtained a decree. She assigned the decree to one Thiyagaraja Pillai and he in execution of the decree purchased the properties on 5 September, 1906, and obtained symbolical possession of them on 27 August, 1907. Thiyagaraja Pillai is the plaintiff in the present suit which was filed on 4 September, 1918.

(3.) The Palace Estate, the defendant, has set up the plea that the suit is barred by limitation, One Kalki Ramachandra Rao obtained symbolical possession of the properties in execution of the decree in O.S. No. 15 of 1894 of the Tanjore Sub-Court and the Palace Estate purchased the properties in. 1905 for arrears of rent payable to it. by the said Ramachandra Rao.