JUDGEMENT
Subrahmanyam, J. -
(1.)Defendants 5 and 6 appeal from the judgment and decree of the learned District Judge of north Arcot dated 13-7-1956 in O. S. No. 9 of 1955 on his file.
(2.)The suit was to enforce a simple mortgage executed by one Abdul Karim. He died before the date of the institution of the suit. Defendants 1 to 4 are his sons. In execution of a decree for money which had been obtained against Abdul Karim one Rangappa had purchased the mortgaged properties in court auction. Rangappa died before the institution of the suit. Defendants 5 and 6 are his heirs.
(3.)On 7-2-1929 Abdul Karim and one of his sons, namely, the 2nd defendant, executed two promissory notes in favour of the plaintiff's grand-father Chidambaram Chettiar one for Rs. 1000 and other for Rs. 2000. On the same date, namely, 7-2-1929, Abdul Karim executed the mortgage deed Ex. A. 4 in favour of Chidambaram Chettiar securing repayment of the debts borrowed under the promissory notes, namely, Exs. A. 1 and A. 2 for Rs. 1000 and Rs. 2000; Chidambaram Chettiar died on 7-4-1931, leaving behind him his undivided son Ramanatha. Ramanatha died on 25-5-1934 leaving behind him his undivided son the plaintiff. The suit, which has given rise to this appeal, was instituted on 26-111953. The plaintiff alleged that he was born on 28-11-1929 and attained majority on 28-11-1950. He pleaded payments and endorsements made on the promissory notes and on the mortgage deed as saving limitation.
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