LAWS(PVC)-1908-12-40

K S SRINIVASA PILLAY Vs. VASUDEVA MUDALIAR

Decided On December 16, 1908
K S SRINIVASA PILLAY Appellant
V/S
VASUDEVA MUDALIAR Respondents

JUDGEMENT

(1.) On the 13 March 1905 this Court gave judgment for the plaintiff for the amount due under the mortgage on which the suit was brought, on the footing that the period of limitation applicable was sixty years under Art. 147 of the second Schedule of the Limitation Act of 1877.

(2.) This view was in accordance with a series of previous decisions as to the scope of Articles 147 and 132.

(3.) On appeal, however, by the defendant to the Privy Council, their Lordships declared that, on the true construction of the Limitation Act, the article applicable was No. 132, and they remitted the case to this Court to be disposed of in accordance with this declaration Vasudeva Mudaliar V/s. Srinivasa Pillai 30 M. 426; 17 M.L.J. 444; 11 C.W.N. 1005; 4 A.L.J. 625; 6 C.L.J. 255; 2 M.L.T. 333; 9 Bom. L.R. 1104.