LAWS(PVC)-1912-2-155

VASUDEV MUDALIAR Vs. SADAGOPA MUDALIAR

Decided On February 21, 1912
VASUDEV MUDALIAR Appellant
V/S
SADAGOPA MUDALIAR Respondents

JUDGEMENT

(1.) This is an appeal against the judgment of the High Court of Judicature at Madras, dated the 16th December 1908.

(2.) On the 23rd September 1899 a suit was brought in the Court of the Subordinate Judge of Negapatam, founding upon a certain mortgage of date the 22nd September 1883, arid with the object of recovering the mortgage debt by sale of the mortgaged property.

(3.) That Judge held that part of the claim was of a nature to which, under Article 132 of the 2nd Schedule of the Indian Limitation Act of 1877, the twelve years rule of limitation would apply. The High Court, on appeal, held, on the other hand, that the Article applicable was No. 147, the sixty years rule of limitation.