1 The plaintiff, whose suit for redemption has been dismissed by the learned Additional District Judge of Parur, is the Appellant before me. The short point that arises for consideration is as to whether the suit is barred by limitation under Art.122 of the Travancore Limitation Act , corresponding to Art.134 of the Indian Limitation Act prior to its amendment in 1929.

2 The plaintiff filed the suit for redemption of a usufructuary mortgage dated 25-6-1086, Ext. A, executed by one Meethian who was then holding a kanom right in respect of the properties. Several defences were raised by the defendants as to the right of the plaintiff to redeem, namely, that there was an oral surrender of the mortgage right and, therefore, Ext. A has got itself extinguished. It was also contended that the plaintiff does not derive any title to redeem the mortgage, Ext. A. On both these points, the Trial Court, as well as the appellate court, have concurrently held against the defendants. The only point on which both the courts have differed is as regards the suit being barred by limitation under Art.122 of the Travancore Limitation Act .

3 The Trial Court was of the view that the documents relied up