S. A. RAMIAH NADAR Vs. RAJALAKSHMI AMMAL

JUDGEMENT

(1.) THE defendants have filed this appeal. The plaintiffs filed the suit for recovery of a sum of Rs. 600 due on a mortgage deed dated 19 -11 - 1951, which is Ex. A.1 in the case. It recites that the house property described in the schedule was usufructuarily mortgaged for a loan for discharging certain debts incurred in connection with the business. It gives a right to redeem the mortgage to the mortgagor on or before 30th Kartikai of next year which corresponds to 14 -12 -52. In default of such redemption on that date, it is agreed that the mortgagor will pay the amount whenever demanded and redeem or discharge the mortgage.

(2.) THE present suit was filed on 19 -7 -1969. The defendants -appellants objected to the maintainability of the suit on the ground that it was barred by limitation under Article 62 of the Limitation Act, 1963.

(3.) IN the present appeal the learned counsel for the appellant submitted that the Court below was wrong in proceeding as if the suit was within time, that the suit should have been filed either within the period of 12 years from 19 - 11 -1951, when the mortgage deed was executed, or within the period of 12 years from 14 -12 -1952, the date fixed for redemption and that as the suit had been filed much later than the period of 12 years from either of these two dates, it was barred by limitation under Article 62 of the Limitation Act. The learned counsel for the respondents supported the decision of the Learned Subordinate Judge on the ground that the decision in 16 Mad LJ 364 was rightly applied.