VENKATARAMAN, S.RAMACHANDRA.IYER, JAGADISAN
Valliamma Champaka – Appellant
Versus
Sivathanu Pillai and others – Respondent
RAMACHANDRA IYER, C.J. :- This appeal filed against the judgment of Ramakrishnan, J. has been referred to a Full Bench, as it raises an important question regarding the period of limitation applicable to a suit for redemption filed by one mortgagor of his share of the mortgaged properties against another who redeemed and got possession of the same from the original mortgagee.
2. The facts giving rise to this appeal are these. The properties forming the subject-matter of the litigation originally belonged to two brothers, Madhavan Pillai and Sivathanu Pillai. They are situate in Kanyakumari Dt. which, on the dates of the mortgage and the redemption thereof, formed part of the princely State of Travancore, later they came within the territory of Travancore-Cochln State, and after the reorganisation of various States under the States Reorganisation Act of 1956, they with the rest of the Kanyakumari Dt. became part of the Madras State. The Transfer of Property Act, which contains inter alia the law relating to mortgages, would govern such transactions in the Madras State; but there was no similar enactment applying either in the former Travancore State or in the Travancore-Coch
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