9911796707
TMI Blog1918 (12) TMI 1X X X X Extracts X X X X X X X X Extracts X X X X ..... , and the case here made, is that it was the reversal of the sale that was the cause of action. There may be circumstances in which a failure to get or retain possession may justly be regarded as the time from which the limitation period should run, but that is not the case here. The quality of the possession acquired by the present purchaser excludes the idea that the starting point is to be sought in a disturbance of possession or in any event other than the challenge to the sale and the negation of the purchaser's title to the entirety of what he bought involved in the decree of the 24th August, 1905. This appeal should be dismissed with costs. - - - - - Dated:- 3-12-1918 - Buckmaster, Dunedin, John Edge and Lawrence Jenkins, J ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent suit the purchaser seeks to recover from the zemindar the sum of R Section 57,996-3-6, the aggregate of several sums of money being (a) the amount of rent arrears due and paid by the Collector to the zemindar out of the purchase money, (b) the expenses of the sale appropriated by the Collector out of the purchase money, (c) the patni rents paid to the zemindar subsequent to the sale, and (d) interest on these several sums and on the balance of purchase money left in the hands of the Collector. 5. In the Court of first instance this suit was dismissed as barred by limitation, and this decree was affirmed by the High Court on appeal. From this decision the present appeal has been preferred. 6. The principal point discussed has been ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 6, the date of the appellate decree in connection with suit No. 248 of 1904, and subsequently on 28th August, the date of decree in the three suits Nos. 262, 273 and 277 of 1904. These are the decrees already mentioned, and the case here made, is that it was the reversal of the sale that was the cause of action. 12. But by the decision in the first suit, No. 248 of 1904, the sale was reversed in its entirety and for all purposes irrespective of the decrees in the three later suits, so that if the reversal of the sale is the cause of action the only question is whether time began to run, as the plaint alleges, from the 3rd of August, 1906, the date of the appellate decree, or, as the defendant-respondent contends, from the 24th of August ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... from the infirmity that necessarily attaches to a belated plea advanced for the first time when the stage for investigating the necessary facts had passed. It is enough then to say that the facts disclosed afford no ground for preferring any other event than the decree of the 24th August, 1905, as marking the time from which the period of limitation ought to run. 16. Their Lordships in arriving at this conclusion have not overlooked the authorities cited in argument. 17. When the facts in Hanuman Kamat v. Hanuman Mandur (1891) I.L.R., 19 Calc. 123 are examined they lend no support to this contention. It is true that there the resistance to obtaining possession was regarded as the crucial date, but that was in circumstances bearing no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ale may have been made. 24. There is no ambiguity in this provision: it is imperative and imposes on the Court without qualification the duty it indicates. 25. To discharge this duty a distinct issue should be framed as between the purchaser and the person chargeable under the section whether, in case the sale is reversed, the purchaser has suffered any and what loss against which he ought to be indemnified by that person. On that issue there ought to be a finding and a decision, and then any contest on this head would be finally closed subject to such right of appeal as there might be. 26. Though, in the judgment pronounced in suit No. of 1904, there is a finding as to Hukumchand's benami character which would be conclusive a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to be one of first impression, but in the absence of more complete information as to the cursus curice in India their Lordships will not say more than that the question will demand careful consideration should it hereafter arise. But they again desire to emphasize the point that if the Courts observe the duty cast on them by Section 14 this difficulty never can arise. And they would only add this, that their decision of this appeal on other grounds is due to the particular course this litigation had taken, and must not be regarded as indicating an opinion that the suit is competent. 8. The result, then, is that in their Lordships' opinion, this appeal should be dismissed with costs, and they will humbly advise His Majesty accordingl ..... X X X X Extracts X X X X X X X X Extracts X X X X
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