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1 - 3 of 3 (0.24 seconds)Lakshminarayana Reddiar vs Singaravelu Naicker And Anr. on 13 October, 1961
16.Mr.T.Arul, learned counsel appearing for the appellant would
invite our attention to a judgment of the Division Bench of this Court in
Lakshminarayana Reddiar vs. Singaravelu Naicker and others, reported
in AIR 1963 Mad 24, wherein this Court had held that if it is shown that the
judgment debtor had no title to the property which he could convey on the
date of the agreement, the limitation for the suit could be extended till they
were able to get an order affirming their title from the Court. That was a
case where the property was sold in execution of a decree and applications
for setting aside the sale in execution were pending. An agreement was
entered into during the pendency of the said application and a suit for
specific performance came to be filed, after the disposal of the application
which was nearly 10 years from the date of the agreement.
14/23
https://www.mhc.tn.gov.in/judis
OSA.No.143 of 2017 & A.S.No.370 of 2017
Abdul Hakeem Khan vs Abdul Mannan Khadri on 2 September, 1971
20.To the same effect is the judgment of the Division Bench of the
Andhra Pradesh High Court in Abdul Hakeem Khan v. Abdul Mannan
Khadri reported in AIR 1972 A.P. 178, that was also a case where the
vendor’s title was defective. Since we have found on facts that despite the
extension of limitation, the application filed for amendment cannot be said
to be in time, we do not think we can interfere with the order.
16/23
https://www.mhc.tn.gov.in/judis
OSA.No.143 of 2017 & A.S.No.370 of 2017
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