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Issues:
1. Possession of suit property and applicability of Section 47, Civil P.C. 2. Consideration of documents Exs. B, C, D, and E in determining possession. 3. Interpretation of Order 21 Rule 2, Civil P.C. regarding property delivery post-court auction. 4. Plaintiff's claim for recovery of land price from vendors and the issue of limitation. 5. Starting point for limitation period in refund claim. 6. Effect of amendment of plaint on limitation period calculation. Analysis: 1. The second appeal involved the issue of possession of the suit property and the application of Section 47, Civil P.C. The lower courts had conflicting decisions on possession, with the District Munsif finding that possession remained with defendants 1 to 3, barring the suit under Section 47. The Subordinate Judge initially granted the plaintiff a refund of the purchase money. However, the case was remanded to re-examine possession and limitation aspects, with the need to consider documents Exs. B, C, D, and E in determining possession. 2. The Subordinate Judge's analysis of possession lacked a clear finding on property delivery. The judgment was criticized for not adequately considering the relevant documents in deciding possession. The Court emphasized the importance of a conclusive finding on whether there was actual delivery of the property to the plaintiff. The failure to address the significance of documents Exs. B, C, D, and E in the possession issue was noted, leading to a remand for a second determination on the question of delivery. 3. An argument was raised against further investigating the delivery post-court auction, contending that no valid delivery could occur without court certification. The Court rejected this argument, stating that Order 21 Rule 2, Civil P.C. did not apply to the circumstances. The distinction between an auction-purchaser and a decree-holder in property possession was highlighted to refute the argument's validity. 4. The plaintiff sought to recover the land price from the vendors, raising a limitation issue. The Court examined the starting point for the limitation period in the refund claim. The judgment discussed the cause of action for refund arising when the vendors could no longer fulfill their delivery obligation, leading to a specific date for calculating the limitation period. 5. The Court addressed the starting point for the limitation period, determining it from the date the vendors became unable to pass a good title, not the date of the sale. The judgment analyzed the contractual arrangements regarding delivery and the timing of the cause of action for refund, ultimately upholding the lower court's finding on the limitation period's commencement. 6. Regarding the amendment of the plaint and its impact on the limitation period, the Court clarified that the amendment related back to the suit's institution date. The respondents' objections to the amendment were deemed untimely, and the Court ruled that the claim was within the limitation period. Consequently, the plaintiff was granted a decree for the land price with interest, dismissing the appeal against certain respondents and awarding costs accordingly.
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