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1940 Supreme(Mad) 74

ALFRED HENRY LIONEL LEACH
Pavayi – Appellant
Versus
Palanivela Goundan – Respondent


JUDGMENT

Alfred Henry Lionel Leach, C.J.

1. This appeal raises a question of limitation and one of some difficulty. The appellants filed a suit in the Court of the District Munsif of Salem to enforce a mortgage which had been created on the 12th November, 1913 by a Hindu father and his son. The appellants are the assignees of an interest in the mortgage. Under the terms of the mortgage deed the debt became payable in one year. On the 16th January, 1919 a creditor of the mortgagors obtained a money decree against them and in execution of that decree purchased the equity of redemption. On the 16th December, 1920, the first mortgagor paid to the mortgagees Rs. 200, towards the amount of interest then due in respect of the mortgage debt. A record of this payment was endorsed on the deed and signed by the first mortgagor. A suit to enforce the mortgage was filed on the 9th December, 1932. The question which arises is whether the payment of the Rs. 200, on the 16th December, 1920, saves the suit from being barred by the law of limitation. That the personal remedy against the mortgagors is barred is conceded but it is said that inasmuch as the payment of the Rs. 200 towards interest was mad




















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