Ramakrishna Ayyar and Another vs Subrahmania Ayyar and Others

On the authority of the judgment of the Privy Council in Webb v. Macpherson I.L.R.31 Cale 57 which is since the decision of the lower

Appellate Court in this case, we must hold that the District Judge was wrong in his view that the case was governed by Article 111 of the schedule

to the Limitation Act. It is pointed out in the judgment of the Privy Council that the charge which a vendor obtains u/s 55 of the Transfer of

Property Act is different in its origin and nature from the vendor''s lien given by English Courts of Equity to an unpaid vendor. The charge in the

present case is not the vendor''s lien contemplated by Article 111, but the statutory charge which arises by virtue of the provisions of Section 55 of

the Transfer of Property Act. The article applicable is Article 132 and not Article 111 and the suit is not barred by limitation. It was argued by the

respondents that if this be the right view, no case could arise to which Article 111 would be applicable. This may or may not be so. For the

purpose of the present case it is enough for us to hold that the period of limitation in this case is twelve years from the date of the sale. Having

regard to the decision of the Privy Council it would seem that Natesan Chetti v. Soundararaju Ayyangar ILR Mad. 141, Avuthala v. Dayumma

ILR 24 Mad. 233 and Subrahmania Ayyar v. Poovan ILR Mad. 28, can no longer be regarded as binding authorities in so far as this point is

concerned. We must set aside the decrees of the lower Courts. There will be the usual decree for sale for Rs. 900 with interest at six per cent. per

annum from the date of plaint to the date if payment with proportionate costs out of the sale-proceeds of the properties in Schedule B. The

respondents will bear their own costs throughout.

The time for payment will be three months from this date.