THACHARATH PARKUM ETATHATTA KANNAN RAMAN KURUP (DEAD) Vs. THAYATH VEETIL PARKUM KAYATHIRAKKAL CHAPPAN NAIR

JUDGEMENT

(1.) Exhibit A having been found by both the lower courts to be not genuine, this suit has resolved itself into a suit to redeem a mortgage or kanom of the year 1798, corresponding to the Malabar year 974.

(2.) The District Munsif found the suit to be barred by limitation. The Subordinate Judge reversed his finding on this point. I am of opinion that he was wrong and the District Munsif was right.

(3.) Under Section 1clause 15 of the Limitation Act XIV of 1859 the mortgagors had 60 years from the date of mortgage to bring a suit for the recovery of their immoveable property. Those 60 years expired in 1858. The clause however provides that, if in the meantime an acknowledgment of the mortgagor s title or of his right of redemption shall have been given in writing signed by the mortgagee, the 60 years will be reckoned from the date of such acknowledgment. In this case it has been found that there was such an acknowledgment in 1861. (Malabar year 1037). The Subordinate Judge thought that because Section 18 of the Act provided two years as a time of grace for suing under the law, as it existed before this statute of limitations was introduced, therefore two years must be included in the time within which an acknowledgment, if made, would extend the period of limitation.