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1963 Supreme(Mad) 320

S.RAMACHANDRA.IYER, K.SRINIVASAN, P.RAMAKRISHNAN
Rukmani Ammal – Appellant
Versus
Venkatarama Iyer – Respondent


Advocates:
Cases Referred
Valliamma Champaka v. Sivathanu Pillai : [1964] 1 M.L.J. 161 (F.B.)

The Judgment of the Court was delivered by

S. Ramachandra Iyer, C.J.—

The question involved in this Reference which has been made by Kailasam, J., relates to the period of limitation applicable to a suit for redemption instituted by one co-mortgagor against another who had earlier redeemed the mortgage and obtained possession of the mortgage property. Recently this Court had occasion to consider this very question in L.P.A. No. 18 of 19611 where a Full Bench, by a majority held that in regard to mortgages created prior to the Transfer of Property Act, a redeeming co-mortgagor would be entitled to be subrogated to the rights of the mortgagee whom he redeemed, and that he in turn would be liable to be redeemed by his co-mortgagor with respect to the latter’s share of the mortgaged property within the period of limitation prescribed for the redemption of the original mortgage or within a period of 12 years from the date when as a consequence of his redeeming, he obtained possession of the mortgage property.

We shall now refer briefly to the facts of the present appeal which arises out of a suit for redemption instituted by the appellant. The entire properties relative to this litigation









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