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1967 Supreme(Mad) 72

RAMAMURTI, ALAGIRISWAMI
Kanakaraj – Appellant
Versus
B. V. Sundaraja Iyer – Respondent


Advocates:
A.V. Narayanaswami Iyer, for Appellant; K. Rajah Iyer and N.R. Chandran, for Respondents.

Judgement

RAMAMURTI, J. : The main point that arises for decision in the present appeal preferred by the defendant relates to limitation,. As to the period for which the respondents (plaintiff's) are entitled to recover the income of the properties which were subject to a possessory mortgage. The plaintiffs in the suit are the successors-in-interest of the mortgagor, while the sole defendant is the successor-in-interest of the mortgagee. The possessory mortgage in question was executed in April 1924 and by January 1938 the defendant became the ultimate assignee of the mortgage. The plaintiffs filed O. P. 48 of 1950 on the file of the Sub Court, Dindigul under Secs. 9-A and 19-A of the Madras Agriculturists Debt Relief Act for a declaration of the amount due under the possessory mortgage, after invoking the benefit of scaling down and on 16-1-1951 the amount payable to the mortgagee was determined in the sum of Rs. 917. This amount was deposited into Court in O. P. 48 of 1950 and notice was also nerved upon the defendant. As the petition was not opposed the Court passed an order on 21-8-1951 granting the certificate that the mortgage debt had been fully discharged.

2. The defendant pr








































































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