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1909 DIGILAW 348 (MAD)

Kutti Alis wife Achumma v. Elychan Edathil Karnavan and Manager, Dharman Achan AVL

1909-11-05

KRISHNASWAMI AIYAR, RALPH BENSON

body1909
JUDGMENT 1. The plaintiffs practically allege a covenant for quiet enjoyment and breach of it by the defendant. If it be so found, this circumstance takes the case out of the authority of Mammikutti v. Puzhakkal Edoun 29 M.K 353. The plaintiffs would be entitled to sue within 3 years of the breach under Article 15 of the 1st Schedule of the Indian Limitation Act. We reverse the decree of the District Judge and remand the case for disposal according to law. The costs will abide and follow the result.