Madras High Court
Pullayya vs Ramayya on 22 August, 1894
Equivalent citations: (1895)ILR 18MAD144
JUDGMENT
1. Here the judgment-debtor was in possession at the date of the sale and is now defendant. Plaintiff bought from the purchaser at the Court sale and can be in no better position than his vendor. Nothing was done upon the writ of possession issued at the suit of the vendor's widow. The execution purchaser would be barred and therefore the plaintiff is equally barred Arumuga v. Chockalinqam I.L.R. 15 Mad. 831. The decision in Kishori Mohun Roy Chowdhry v. Chunder Nath Pal I.L.R. 14 Cal. 644 is distinguished by the fact that in that case there was formal delivery. We must reverse the decree and we dismiss the suit with costs throughout.