MOSA DEVADASAN Vs. KALIKUNJI

JUDGEMENT

(1.) THE appellant in both the appeals was the plaintiff in O. S. No. 396 of 1957 on the file of the District Munsiff's court Kuzhithurai and his suit was for redemption of two items of property over which he claimed a jenman right. The trial court decreed the suit without costs. On appeal preferred by the defendants, the learned subordinate Judge upheld the title put forward by the plaintiff and found that the right to redeem did not subsist and allowed the appeals and dismissed the suit with costs.

(2.) THE only point for determination in these second appeals is whether the suit for redemption is barred by limitation?

(3.) THE appellant has not even given in his plaint the details of the mortgage which he wants to redeem in the suit. It appears from Ex. P. 12 in this case that the mortgage over suit item 1 was created in 19-11-1034 (ME ). Under the Law of travancore then in force, the period of redemption for a usufructuary mortgage was 50 years. The Indian Limitation Act has been extended to the Travancore state on 1-4-1951. If the suit mortgage was subsisting on 1-4-1951, the plaintiff would be entitled to claim the extended period of 60 years under the Indian limitation Act. The present suit was filed on 24-8-1957. Under O. VII Rule 6 c. P. C. , where a suit is instituted after the expiration of the period prescribed by law of limitation the plaint shall show the ground upon which exemption from such a law is claimed. But it has not been done in this case.