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1974 Supreme(Mad) 88

V.RAMASWAMI
C. Veerabahu Pattar – Appellant
Versus
P. Eswara Pillai – 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 Ex. A-1, on 8-2-1102 M. E. in favour of one Sakkiamma Pillai, the maternal grandmother of the defendant.

2. The only point that 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 1963) is barred by limitation. The plaintiff contended that Ex. A-1 dated 8-2-1102 M. E. executed by the Court auction purchaser in favour of Sakkiamma Pillai amounts to an acknowledgment and, therefore, the suit is in time. There is no dispute that if Ex. A-1 amounts to an acknowledgment, the suit would be in time. But the question for consideration is wheth
















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