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1940 Supreme(Mad) 297

ALFRED HENRY LIONEL LEACH
The Official Assignee of Madras – Appellant
Versus
S. Natesa Acbari – Respondent


JUDGMENT

Alfred Henry Lionel Leach, C.J.

1. The sole question in this appeal is whether certain words used in a deed of mortgage dated 4th July, 1924, amount to an acknowledgment of liability in respect of two earlier mortgages within the meaning of Section 19 of the Limitation Act. One Sundaravela Achari mortgaged the property in the suit to one Manicka Chetty on 9th August, 1921, to secure a sum of Rs. 5,000. On 6th January, 1923, he executed a second mortgage of the property in favour of Manicka Chetty to secure a further advance of Rs. 1,000. On 4th July, 1924, Sundaravela Achari executed a usufructuary mortgage of the property in favour of one Rajagopala Chetty for the sum of Rs. 1,000. The first two mortgages fell to the share of one Kuppuswami on a partition. Kuppuswami is now an insolvent and is represented by the appellant, the Official Assignee. The creditors will be entitled to the benefit of the first two mortgages if they are still enforceable. The suit out of which this appeal arises was not, however, filed until 13th July, 1936, more than twelve years after the second of the two mortgages was executed, but the appellant says that the following passage in the usufructua





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