NALLOR KOTHATHIAN Vs. GANAPATHI SETHURAYAN

JUDGEMENT

(1.) The plaintiff sued to recover money advanced by him on mortgage to the defendant's father, on the ground that he had been ousted from the possession of the land mortgaged, possession to which he was entitled under his mortgage. He had previously sued in O.S. No. 59 of 1903 on the file of the District Munsif to recover possession of the land but had failed, the Courts finding that he had never obtained possession, and apparently that the then 1st defendant, Velu Sethurayan, was entitled to possession as against him.

(2.) In the present suit the defendant's guardian pleaded that the defendant was not liable to repay the money because the plaintiff had held possession of the land for seven years before he was ousted, i.e., up to 1902. She also pleaded that the suit was barred by limitation, having been instituted more than 3 years after the date of dispossession. This appears to have been the ground of her plea of limitation, though it is new (sic)t out in the Written statement.

(3.) The only issue tried was the question of limitation, and the Subordinate Judge held that the period was 6 years and not 3, and the suit was, therefore, not barred, and he passed a decree for the plaintiff.