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Showing contexts for: cloud computing in Sheonandan Prasad Sao vs Ugrah Sao And Ors. on 31 August, 1959Matching Fragments
Therefore, the sale certificate per se did not constitute clear and unequivocal threat to their title, which would afford them cause of action. According to the plaintiffs, they knew of this error in the certificate of sale on 26-5-1945. There is no assertion to the contrary. This date must, therefore, be regarded as the date when the right to sue accrued, in other words, cause of action arose. This date is within the period of limitation.
Taking the view most favourable to the defendant, the threat to their right may be apprehended when defendant 13 obtained possession. He redeemed the mortgages on 18-5-1942, and, thereafter obtained possession. There was no question of change in possession before this date, as it is common ground that the disputed property was in possession of usufructuary mortgagees. At best, their title was threatened or was clouded on this date. But, even computing the period of limitation from this date, the suit is not beyond time. Thus, taking any view of the matter, the suit is well within time. This contention also, therefore, fails.