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1937 Supreme(Mad) 372

ABDUR RAHMAN
Krishnaswami Aiyar – Appellant
Versus
Sabarathnam Chetti – Respondent


JUDGMENT

Abdur Rahman, J.

1. This is an appeal dismissing the plaintiffs suit for redemption and possession of 41 cents of land bearing Survey No. 382-B as being barred under Article 134 of the Limitation Act. The defendants who are apparently quite rich, have not chosen to appear. The facts of the case are quite simple.

2. The property in suit originally belonged to one Kuppa Goundan, who mortgaged it on 19th September, 1890, with one Lakshminarayana. The mortgage was usufructuary and it was provided in the deed (Ex. K) that the mortgagor would pay the principal amount and redeem the property on 11th April, 1901. Kuppa Goundan sold the property to the plaintiffs uncle in 1896 under Ex. A and directed the vendee to pay the mortgage money due under Ex. K to the mortgagee. The property subsequently fell to the plaintiff under Ex. B.

3. Prior to the date on which the mortgage could be redeemed, Lakshminarayana died - apparently leaving large debts due to the father of defendants 1 to 4 and his widow therefore acting as a guardian on behalf of his minor son executed a simple mortgage (Ex. IV) for Rs. 35,000, on 17th October, 1899. The property which had been mortgaged with Lakshminarayana












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