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1974 Supreme(Mad) 84

V.RAMASWAMI
G. Veerabahu Pattar – Appellant
Versus
P. Eswara Pillai . . – Respondent


Advocates:
S. Padmanabhan, for Appellant.
R. Gopalaswami Ayyangar, for Respondent.

JUDGMENT.-The plaintiff is the appellant. The suit was filed for redemption of a mortgage, dated 12-3-1079 M. E. executed by one Subramania Nambiar, son of Pichan Nambiar, in favour of one Velayudham Pillai, for a sum of 5,000 Fs. The plaintiff claims to be a successor-in-interest of the equity of redemption. In execution of a decree against the mortgagee Velayudham Pillai, his rights as a mortgagee in the suit property were brought to sale and purchased by the decree-holder in 1926 in Court-auction. The decree-holder-auction-purchaser sold his rights under Exhibit A-1, dated 8-2-M.E. in favour of one Sakkiamma Pillai, maternal grand-mother of the defendant.

2. The only point which survives for consideration in this second appeal is one of limitation. The defendant contended that the mortgage executed on 12-3-1079 M.E. (year 1903) is barred by limitation. The plaintiff contended that Exhibit A-1, dated 8-2-1102 M.E. executed by the Court-auction-purchaser in favour of Sakiamma Pillai amounts to an acknowledgment and, therefore, the suit is in time. There is no dispute that if Exhibit A-1 amounts to an acknowledgment, the suit would be in time. But the question for consideration is w





















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