KODOTH AMBU NAIR Vs. ECHIKAN CHEREKERE KELU NAIR

JUDGEMENT

(1.) The only question in this appeal is whether the respondent is entitled to redeem a certain mortgage. If this right, which has been affirmed by both Courts in India, is exereisable, it is not disputed that the decree passed by the Subordinate Judge on August 16, 1924, is correct.

(2.) The mortgage in question was dated December 8, 1892, and was executed by members of the Beloor Maloor Tarwad in favour of the appellant. On, September 13, 1897, the appellant brought a suit on the mortgage which was compromised, and a decree dated January 2, 1899, was passed in accordance with the compromise. The terms of this decree were in effect that the mortgagors should pay to the appellant within three years a sum of Rs. 31,000, together with a yearly rent in kind : that in default of payment of the Rs. 31,000, or of the rent, the appellant should be entitled to obtain, by process of execution, possession of the property, and to retain the same as usufructuary mortgagee, the mortgagors having the right to redeem in any year thereafter on payment of the Rs. 31,000, and to obtain delivery of the property "by taking out execution.

(3.) No rent was paid and in March of the following year possession was taken by the appellant under the decree. It is not disputed that the appellant remained in possession as mortgagee, but it is said that the mortgagors only remedy was by execution of the compromise decree, and that remedy is long since barred.