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1917 Supreme(Mad) 160

WALLIS
Mulla Vittil Seeti Kutti – Appellant
Versus
K. M. K. Kunhi Pathumma – Respondent


JUDGMENT

Wallis, C.J.

1. Our rules only provide for a reference to a Full Bench where both the learned Judges constituting the Bench agree that the question of law to be referred is involved in the determination of the case. There are weighty and obvious reasons for this limitation, and it is therefore desirable that we should confine ourselves to the questions which actually arise in the present case. The suit is to redeem a mortgage of the year 1862 and is within time as against the mortgagees, having been brought within sixty years from the date of the mortgage, Article 148. The question is whether it is also within time as against transferees from the mortgagees, or is barred under Article 134 as having been brought more than twelve years from the date of the transfer. The plaintiffs mortgagees acting as full owners executed several usufructuary mortgages of items 2 and 3 under which they have been out of possession of these items since 1862 and 1894 respectively. The most recent mortgages of both these items were more than twelve years before suit, but the present mortgagees did not get possession under these mortgages from the prior mortgagees as regards item 2 until 1900 and a









































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