BALAKRISHNA MENON Vs. NARAYANAN NAMBOODIRI

JUDGEMENT

(1.) The 1st defendant in a suit for redemption is the appellant herein. The suit was laid for redemption of a mortgage whose date is said to be unknown to the plaintiff. An averment is made in the plaint that the term of 12 years fixed in the mortgage deed had expired prior to 1852. The suit, having been instituted only in 1951, is prima facie barred by limitation.

(2.) The trial court got over the bar of limitation on the ground that in the deed of kanom dated 20-7-1921, copy of which is Ext. A6 in the case, the 1st defendant's tarwad has made unequivocal admission that they are holding this property as mortgagees under the Periyanchery tarwad of plaintiff's assignors and that therefore the mortgage must be deemed to have continued to that date so as to give a fresh start for limitation on the date of that kanom. In that view the suit was decreed by the learned Munsiff.

(3.) On appeal, the learned District Judge held that there is evidence to show that the mortgagees and their tenants had effected certain improvements on the property, that since compensation for those improvements had not been paid so far the relationship of mortgagor and mortgagee continued and that therefore there could not be any bar of limitation for redemption. He therefore confirmed the decree of the court below. Hence this Second Appeal.