J.B.KOSHY, K.THANKAPPAN
Govindan Nair – Appellant
Versus
Abraham – Respondent
1. This Second Appeal was referred to the Division Bench by Justice Chettur Sankaran Nair by Order of Reference dated 20.7.1992 doubting the correctness of the judgment in Kunjamma v. Bhageerathy Amma (1990 (1) KLT 504) in so far as it holds that the amount found due in the preliminary decree should be deposited within 30 years from the date on which the mortgage money has become due as right of redemption of mortgage is permanently lost by that time. According to the above judgment, in view of Art.61 of the Limitation Act, right to redeem mortgage is lost after 30 years from the date on which the mortgage money has become due. After the above limitation period, relationship of mortgagor or mortgagee is not subsisting as Art.61 of the Limitation Act prescribes a period of 30 years to redeem or recover possession of the immovable property and the period of Limitation Act is not extended by filing of a suit or passing of a preliminary decree within that period. The Court observed as follows:
"Art. 61 of the Limitation Act prescribes a period of 30 years to redeem or recover possession of immovable property mortgaged and time begins to run when the right to redeem or recove
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