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PETITIONER: RAGHUNATH DAS
Vs.
RESPONDENT: GOKAL CHAND AND ANOTHER
DATE OF JUDGMENT: 01/05/1958
BENCH: DAS, SUDHI RANJAN (CJ) BENCH: DAS, SUDHI RANJAN (CJ) BHAGWATI, NATWARLAL H. DAS, S.K. SUBBARAO, K.
CITATION: 1958 AIR 827 1959 SCR 811
ACT: Limitation-Suit for division of moveable property by co- heir, if one for specific moveable property-" Specific moveable Property ", Meaning of--Exclusion from computatio of time covered by execution proceeding--Indian Limitation Act, 1908 (9 of -1908), Arts. 49, 120, s. 14(1).
HEADNOTE: The words " specific moveable property " occurring in art. 49 Of the Indian Limitation Act can mean only such specific items of moveable property in respect of which the plaintiff is entitled to claim immediate possession in specie from the defendant who has either wrongfully taken or is wrongfully withholding them from him. A suit by one heir against the others for recovery of his share of the moveable property of a deceased person is not one for a specific moveable property wrongfully taken such as is contemplated by art. 49 and must, in the absence of any other specific provision in the Act, be governed by art. 12o and not art. 49 of the Indian Limitation Act. Mohomed Raisat Ali v. Musummat Hasin Banu, (1893) L,R. 2o I,A. 155, relied on. Consequently, in a case where the decree passed upon an award, without specifying any partic...