PARAMESWARAN THAMPI Vs. KANAKAMMA THANKACHI AND ORS.

JUDGEMENT

(1.) The first Defendant in Original Suit No. 205 of 1969 on the file of the Principle District Munsif, Padmanabhapuram, who succeeded in the trial Court but failed in the lower appellate Court, is the Appellant.

(2.) The first Respondent, Kanakamma Thankachi, filed the suit for redemption of the mortgage covered by exhibit A -1, dated 9th September 1062 M. E. corresponding to 25th June 1886, executed by the then Karnavan of her tarwad, Chempakaraman Marthandan, in favour of the Appellant's predecessor -in -interest Chinnamma Pilla for 350 fanams. She alleged that a subsequent charge over the same property had been created by a subsequent Karnavan Champakaraman Vellayudhan in favour of Lakshmi Pilla, the subsequent predecessor -in -title of the Appellant, under the Original of exhibit A -2, dated 1st February 1090 M.E. corresponding to 17th July 1915. She further alleged that Lakshmi Pilla had assigned the mortgagee's right covered by exhibit A -1 in favour of one Pakianatha Nadar under the Original of exhibit B -1, dated 7th February 1106 M.E. corresponding to 23rd September 1930, and that she, the first Respondent, was the successor -interest of the mortgagee Champakaraman Marthandan and was entitled to redeem.

(3.) The Appellant's defence was that the property had already been mortgaged usufructuarily to his maternal grand -mother Chinnamma Pilla Thankachi in 1040 M.E. itself and exhibits A -1 and A -2 had not been accepted by the mortgagees and that the suit for redemption of the said mortgage of 1040 M.E. was barred by limitation. He further contended that even the suit on the basis of the mortgage and charge, exhibits A -1 and A -2 were barred by limitation.