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1934 Supreme(Mad) 71

BEASLEY
Kamalambal – Appellant
Versus
M. Purushotam Naidu – Respondent


JUDGMENT

Beasley, C.J.

1. This appeal raises a question of limitation. The suit was by a second mortgagee against the legal representatives of the deceased mortgagors. The prior mortgagee brought the property to sale and it failed to realise a sufficient amount to pay the appellants mortgage debt or indeed sufficient to pay the whole of the amount owing under the first mortgage. The plaintiff then filed the suit claiming that the mortgagor had failed to repay the amount which he had covenanted to repay in the mortgage deed and that the mortgagee had been deprived of the whole of the security in consequence of the wrongful act or default of the mortgagor is not keeping up the interest, payments or redeeming the prior mortgage. The case therefore was presented in the plaint as one under Clause (a) and Clause (b) of Section 68, T.P. Act. The question which arose and which arises here was and is, first of all, what was the suit bond, that is to say, when did the money under it become payable? It is quite clear that it is an on-demand bond and that therefore the time of limitation commenced to run from the date of the execution of the bond. It is quite clear that, if that is the right dat




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