MALLIKARJUNA SASTRI Vs. NARASIMHA RAO
LAWS(PVC)-1901-2-14
PRIVY COUNCIL
Decided on February 15,1901

MALLIKARJUNA SASTRI Appellant
VERSUS
NARASIMHA RAO Respondents

JUDGEMENT

- (1.) Section 57 of the Transfer of Property Act does. not apply to this case, as it involves a question of the adjustment of a decree out of Court.
(2.) The decree of this Court is not a decree for payment of money, but an ordinary mortgage decree for sale in case the money due is not paid.
(3.) That being so, Section 258, Civil P. C., is not applicable compare Sankaran Nambiar V/s. Kanara Kurup I.L.R. 22 Mad. 182. The respondent was therefore not precluded by limitation under Art. 173A of the second schedule of the Limitation Act from proving the agreement set up by him under Section 244, Clause (c) of the Civil P. C..;


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