RUKMANI AMMAL Vs. N VENKATARAMA IYER

JUDGEMENT

(1.) THE question involved in this reference which has been made by Kailasam, J. relates to the period of limitation applicable to a suit for redemption instituted by one co-mortgagor against another who had earlier redeemed the mortgage and obtained possession of the mortgage property. Recently this Court had occasion to consider this very question in Valliamma Champaka v. Sivathanu Pillai, L. P. A. No. 18 of 1961 : where a Full Bench, by a majority held that in regard to mortgages created prior to the Transfer of Property Act, a redeeming comortgagor would be entitled to be subrogated to the rights of the mortgagee whom he redeemed, and that he in turn would be liable to be redeemed by his comortgagor with respect to the latter's share of the mortgaged property within the period of limitation prescribed for the redemption of the original mortgage or with in a period of 12 years from the data when as a consequence of his redeeming, he obtained possession of the mortgage property.

(2.) WE shall now refer briefly to the facts of the present appeal which arises out of a suit for redemption instituted by the appellant. The entire properties relative to this litigation originally belonged to three brothers who executed two this on 1041881 in favour of two persons Unnamalai and Palaniandi, stipulating a period of six years for redemption.

(3.) THE mortgagors' right subsequently devolved by purchase in two brothers radhakrishna Iyer and Balakrishna Iyer. They later divided the entirety of their joint family properties except with regard to their interest in the equity of redemption in the properties now forming the subject-matter of this litigation. Quoad such Interest they continued thereafter, in view of the unequivocal character of the partition to be co-owners. While so, on 19-10-1896 Balakrishna iyer died leaving his widow and a daughter, the appellant herein. She after her mother's death succeeded to the interest of Balakrishna Iyer.