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1976 Supreme(Mad) 282

SETHURAMAN
Unnamalayammal – Appellant
Versus
Kumaravelu Nadar – Respondent


Advocates Appeared:
For the Appellants:V. Shanmugham, Advocate.
For the Respondent:K. Venkataswami & K. Govindarajan, Advocates.

Judgment :-

1. Defendants 2 and 15 to 18 are the appellants. The plaintiff filed a suit for redemption of a mortgage which was executed on 28th October 1045 (M.E.) corresponding to 16th May 1869. The plaintiff claimed to be entitled to redeem the suit property from the defendants on payment of the proportionate mortgage money. It is also alleged that the liability under the mortgage had been acknowledged on 27th May 1079 M.E. The suit was claimed to be in time on the ground that the 60 years period expired only on 11th January 1964 which was a holiday. The suit itself was filed on the next working day after the said holidays. The learned District Munsif framed several issues of which the only material issue is regarding the plea of limitation. The learned District Munsif found that the executant of Ex. A.4 dated 11th October 1903 which was a registered (sic) sale deed, had acknowledged the mortgage, dated 28th October 1045 M.E., and that it was subsequently registered on 11th January 1904 (sic). In the view of the learned District Munsif, the effective date of acknowledgment was only 14th October 1903 and that as the suit had been filed beyond the period of 60 years from that date,















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