The main legal point established in the judgment is the application of S.25 of the Limitation Act and the principles relating to the computation of time for instituting suits, especially in cases involving mortgage bonds and the determination of when the mortgage money becomes due.

1. This appeal arises out of a suit on a mortgage bond; and the only question raised in the appeal is whether or not the suit was instituted within twelve years from the date on which the money sued for

became due.

2. The bond bears the date 27-3-1909 and was in favour of the predecessor-in-interest of the two plaintiffs in the suit and defendants 7 to 9. The mortgagor and the mortgagee belonged to Kasaragod Taluk and the bond is in Kanarese. The principal amount borrowed was Rs. 7800/-. Interest for the loan was fixed at Rs. 456-4-9 per year to be paid by the 30th Phalguna of every year beginning from Saumya (1909-1910). The mortgage money was repayable after twenty years and within thirty years. Some time after the execution of the mortgage, the mortgagor sold the equity of redemption over the mortgaged properties to a stranger and the latter in his turn sold the same to four persons, of whom defendant 1 was one, and his uncle, the predecessor-in-interest of defendants 2 to 6, another. Under their purchase defendant 1 and his uncle took a distinct portion of the mortgaged property (Plaint B schedule). The sale deed fixed the proportionate mortgage debt chargeable thereon at Rs. 8000. They paid only Rs. 1700/- out of it and the suit was for recovery of the balance and interest thereon at 51/2% per annum for twelve years prior to the suit by sale of the property purchased by them. The plaint claim amounted to Rs. 10,463.

3. Defendants 1 and 2 contested the suit. Besides raising the plea that the suit was barred by limitation they further contended that the debt was liable to be scaled down under the provisions of the Madras Agriculturists' Relief Act (Act IV of 1933). According to the plaintiffs the debt was exempt from the operation of the said Act. The learned Additional Subordinate Judge of South Kanara, who heard the case negatived the plea of limitation, but held that the debt was liable to be scaled down under the provisions of the Madras Agriculturist's Relief Act. A preliminary decree for sale of the plaint B schedule property was accordingly passed on 18-9-1952 in favour of the family of the plaintiffs and defendants 7 to 9 for Rs. 3682-1-11, with future interest at 6% per annum and proportionate costs. Defendant 1 has preferred this appeal against the said decree.

As stated at the outset we are concerned in this appeal only with the question of limitation. The decision of the question would turn on the true construction of the mortgage bond as to when the mortgage money became due and also on the rule as to the computation of time applicable to the case. We have before us two translations of the relevant portions of the bond, one by the learned Subordinate Judge which finds a place in the judgment under appeal and the other in the printed record of the case. Though the two translations do not agree in all particulars, no exception was taken before us as to either translation. Indeed, on the broad lines in which the arguments proceeded slight variations noticeable in the two translations cause no serious difficulties in the disposal of the case, though the fixation of the date as to when the money became due is by no means easy. It is advantageous to have both the translations extracted in this judgment. The learned Subordinate Judge's translation of the relevant portion of the bond is in these terms.

"Every year by the 30th of Phalguna I shall pay Rs. 456-4-9 towards interest and obtain a receipt. I shall pay the principal sum after 20 years from the beginning of this Saumya year and by the 30th of Phalguna coming at the end of the 30 years vaida After 20 years and before the expiry of 30 years, if I pay you this amount together with interest you must receive it and give a discharge of the debt".

The translation in the printed record, so far as relevant, reads as follows:

For this amount, the interest settled to be paid to you from this same first of Chitra Suddha of Saumya year () onwards at the rate of Rs. 4