KARUPPAIAH Vs. RAMACHANDRAN

JUDGEMENT

(1.) The first plaintiff in a suit for redemption of 1/8th of 7.50 acres in Sy.No: 487/1A is the appellant herein. He lost in O.S.No.30 of 2006 and also his first appeal in A.S.No.11 of 2008.

(2.) The short case of the plaintiffs is that on 20/6/1947, the father of the plaintiffs had created a usufructuary mortgage vide Ext.A.3 = Ext.B-1 in favour of the father of the defendants. This document stipulated five years for redemption of the mortgage. This would imply that the terminus quo for filing the suit for redemption would commence from 20/6/1952. The period of limitation in terms of the Limitation Act, 1908 was 60 years, and that in ordinary course would expire only in 2012. However, Limitation Act, 1963, came into force to replace the earlier Act which reduced the period of limitation from 60 years to 30 years. Sec.6 of the Limitation Act, 1963, provided for a switch over period of six years from the old Act to the new Act. This would mean that the time for filing the suit for redemption would expire by 26/6/1988. The suit however, was laid in 2006. Both the courts below have dismissed the suit solely on the ground of limitation. Hence, the Second Appeal at the instance of the first plaintiff alone.

(3.) This Second Appeal is admitted for considering the following substantial questions of law: