N CHELLAPPAN PILLAI Vs. A ANTHONI

JUDGEMENT

(1.) The above second appeal arises out of a suit for redemption and partition filed by the plaintiffs, who are the appellants herein. This suit was based on Ex. A-1, a copy of the othi and kushikkanom deed dated 32-12-1070 M. E. and Ex A-2, a copy of the Purakkadom deed dated 22-11-1088 M. E. 1070 M. E. corresponds to 1895 and 1088 to 1913 of the Gregorian Calendar. The first court passed a preliminary decree allowing the plaintiffs to redeem their 1/8th share on their depositing the proportionate mortgage and Purakkadom amount of Rs. 33.19 and granting them the relief to recover possession of their share from the defendants. In the appeal the learned Subordinate Judge of Nagarcoil held that the suit ought to have been filed before 1967, and that as it has been filed only on 2-1-1971 it was clearly barred by limitation. The result was that he dismissed the suit and, therefore, the unsuccessful plaintiffs came forward with the present appeal.

(2.) The appeal originally came before Nainar Sundaram J. who referred to three decisions of this court, which expressed three different views. He was of the opinion that the question raised in this case required an authoritative answer from an appropriate Bench, and therefore, the matter was referred to a Bench.

(3.) The substantial question on which the second appeal has been admitted is : "Whether the plaintiffs' suit for redemption is barred by limitation as held by the lower Appellate Court." The properties are situated in Kanyakumari district, which was a part of the Indian State of Travancore. Till the accession of the said State with the rest of India, the State had enacted its own laws and regulations. Under Art, 136 of the First Schedule to the Travancore Limitation Regulation (VI of 1100) (ME), the period of limitation for redemption of a mortgage was 50 years from when the right to redeem to recover possession accrued. The same regulation contained S. 20(1) providing as follows:-