- (1.) THIS second appeal arises out of a suit for redemption brought by one comortgagor against another who had earlier redeemed the mortgage and obtained possession of the mortgaged properties. The question which has necessitated a reference to the Full Bench can be formulated thus: "whether in order to constitute a valid acknowledgment of liability under section 19 of the Indian Limitation Act, it is essential that the person acknowledging should be under a liability its regard to the right in dispute at the time when he made the acknowledgment or whether it would be sufficient if he were liable at the time of the suit or an application in respect of that liability. "
(2.) BEFORE considering the question we shall refer to the facts which have given rise to this appeal. Madi Pillai, the original owner of the property which forms the subject-matter of this litigation, created in the year 1869 (14-10-1044 M. E.) a usufructuary mortgage over it in favour of one Raman Kumaran. The mortgagor's right in course of time devolved on two persons, Kanakkan Thampi and sivasankara Thampi. The latter who was in the position of a comortgagor instituted a suit in the Sub Court, Padmanabhapuram (O. S. 1161 of 1106) against the Co-mortgagee for redemption. In the course he obtained a decree, paid up the mortgage money and obtained delivery of possession of the entire mortgaged property. This was on 11-12-1107 M. E. that is in the year 1932. The half right in the equity of redemption which vested in Kankkan Thampi was subsequently purchased in the year. 1946 from his successor-in-interest by the appellant who on 1-2-1954 filed the suit which has given rise to this appeal for redemption of his share of the mortgaged property. Both the Courts below have held the claim to be barred by limitation.
(3.) THE claim for redemption is made on the basis that the first respondent's predecessor-in-interest, Sivasankaran Thampi, on redeeming the entire mortgage was subrogated to the rights of the mortgagee so far as the appellant's half share of the mortgaged property was concerned albeit the mortgage so far as the redeeming mortgagor's share was concerned, had been extinguished.;