VASUDEVAN Vs. MANOHARAN

JUDGEMENT

(1.) This second appeal is by plaintiff in a suit for redemption and recovery of possession. There are three items in the plaint schedule; of which item 1 and 3 are stake nets and item 2 is an immovable property having an extent of 23 cents. According to the plaintiff, items 1 and 2 were mortgaged by the plaintiff to Ayyappan and Narayanan on 29-5-1954 and they were directed to redeem a prior mortgage. They redeemed the prior mortgage. The further case of the plaintiff is that since the income from items 1 and 2 was insufficient for meeting the interest on mortgage item 3 was also put in possession of the mortgagee.

(2.) Subsequently the mortgages assigned their mortgage right to the 1at defendant on 7-4-1964 by Ext. B1 document.

(3.) The 1st defendant contended that the suit was barred by limitation. The trial court as well as the 1st appellate court accepted the said contention and dismissed the suit. The only question to be considered in this second appeal is whether the suit is barred by limitation. The relevant Articles on which the learned counsel referred me during the argument read as follows: PART V SUITS RELATING TO IMMOVABLE PROPERTY Description of period of limitation suit. Time from which period begins to run