JUDGMENT

This matter has come up for admission after 22 years of filing this Second Appeal. I had the advantage of hearing both the appellants as well as respondents.

2. The plaint schedule property was originally owned by one Smt.Madhevi Pillai. The said property was mortgaged with Achuthan Nadar and his wife by virtue of a mortgage deed of the year 1113. The mortgagees assigned their rights in favour of Madhavan Nadar and Sreemathi. Madhavan Nadar and Sreemathi had assigned their right to Kochukrishnan Nadar in the year 1963. Kochukrishnan Nadar, thereafter, gifted the property to his daughter Suseela. Suseela sold her right in favour of the plaintiffs in this suit. The plaintiffs' suit was for a declaration that they have perfected title over the plaint schedule property as the mortgage became time barred. The defendants are the legal heirs of the successor-in-interest, Madhevi Pillai, who originally mortgaged the property. They contended that by virtue of the suit O.S.No.618/76 on the file of the Munsiff's Court, Neyyattinkara, the mortgage was redeemed and the delivery of the property was obtained through execution. Accepting the contention of the defendants, the suit was dismi