1956 Supreme(Mad) 239
GOVINDA MENON, RAMASWAMI GOUNDER
Ramagopal Naicker – Appellant
Versus
Muthukrishna Ayyar – Respondent
Advocates:
C. A. Vaidialingam (The Government Pleader) and T. V. Venkatadri for Appellants.
S. V. Venugopalachari and K. R. Rama Ayyar for Respondents.
Order of Reference.-This appeal raises an interesting question of limitation. The suit was on a simple mortgage executed by the first defendant in favour of the plaintiff, Exhibit A-3, dated 25th April, 1927, for a sum of Rs. 500. The amount was payable in instalments and the final instalment was payable on 25th April, 1930. The suit was instituted on the 30th of September, 1948. The second defendant is the purchaser of the suit property from the Official Receiver. Since the first defendant was adjudged insolvent in I.P. No. 9 of 1935 on the file of the District Munsif’s Court, Koilpatti, the property became vested in the Official Receiver, Tirunelveli Reliance was placed on Exhibit A-5, dated 23rd December, 1940, a certified copy of the sale deed in I.P. No. 5 of 1936 executed by the Official Receiver, in favour of the second defendant, wherein it appears that the Official Receiver has stated that the sale was subject to the mortgage under Exhibit A-3. If this amounts to an acknowledgement of liability under section 19 of the Indian Limitation Act, the suit would be within time. In Currimbhai v. Ahmedalli1, Sir John Beaumount, Chief Justice and Mr. Justice Blackwell took the view
Click Here to Read the rest of this document