Ranganathan, J. - (1.) We grant leave in the Special Leave Petition and proceed to dispose of the appeal on the merits after hearing both sides.
(2.) The appellant is the successor-in-interest of the mortgagor of the suit property. The suit property was mortgaged on 22-5-1886. In the normal course the suit for redemption should have been filed on or before 22-5-1946, the limitation for such a suit being 60 years under the Limitation Act, 1908. The appellant, however, filed the suit for redemption only on 28-12-1968. He sought to meet the plea of limitation by urging that the son of the original mortgagee, while selling the property on 1-11-1913, had specifically acknowledged the right of the mortgagor to redeem the property. It was claimed that this acknowledgment constituted a fresh starting point for computing the period of limitation.
(3.) If the plea of the mortgagor were right and the Limitation Act, 1908. had continued to be operative. the suit for redemption could have been filed on or before the Ist of November. 1973. However, in the meantime the Limitation Act, 1963 replaced the Limitation Act of 1908. The period of limitation for a suit for redemption was reduced under the new Act to 30 years. Section 30 of the Act, however. provided as follows: Section 30. Provision for suits, etc., for which the prescribed period is shorter than the period prescribed by the Indian Limitation Act, 1908- Notwithstanding anything contained in this Act,- (a) any suit for which the period of limitation is shorter than the period of limitation prescribed by the Indian Limitation Act, 1908, may be instituted within a period of seven years next after the commencement of this Act or within the period prescribed for such suit by the Indian Limitation Act, 1908. whichever period expires earlier: ********** By virtue of this provision, the suit for redemption could have been filed, if the appellant's plea that the sale deed dated 1-11 1913 constituted a fresh starting point for computation of the period of limitation is accepted, on or before the Ist of January, 1971, having regard to the fact that the Limitation Act, 1963 came into force on 1-1-1964.;