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Davani Ammal Vs. Ratna Chetti and ors. - Court Judgment

LegalCrystal Citation
SubjectProperty;Limitation
CourtChennai
Decided On
Judge
Reported in(1883)ILR6Mad417
AppellantDavani Ammal
RespondentRatna Chetti and ors.
Cases ReferredLallubbai v. Naran I.L.R.
Excerpt:
limitation act, schedule ii, section 132 - mortgage--interest--charge on land. - - 2. we also order that the plaintiff's costs, decreed as aforesaid, shall be recoverable from the third defendant as well as from the first and second defendants, and we affirm so much of the decree of the court of first instance as dismissed the residue of the claim......schedule of the limitation act is applicable, and that such interest may be recovered for twelve years. a decree will pass for payment to the plaintiff by the first, and by the second defendant as the representative of his father, of the sum of rs. 5,081-14-0 with costs oh the amount decreed and future interest at 6 per cent., and for realization of the amount decreed by sale of the hypothecated property if the debt is not discharged in six months.2. we also order that the plaintiff's costs, decreed as aforesaid, shall be recoverable from the third defendant as well as from the first and second defendants, and we affirm so much of the decree of the court of first instance as dismissed the residue of the claim.1 [article.....
Judgment:

Charles A. Turner, Kt., C.J. and Innes, J.

1. A question has been raised as to the number of years for which a claim can be brought for interest, when such interest is charged on land. With the same hesitation as is expressed by the learned Judges of the Bombay High Court in Lallubbai v. Naran I.L.R. 6 Bom. 719 we agree with that Court that Article 1321 of the Second Schedule of the Limitation Act is applicable, and that such interest may be recovered for twelve years. A decree will pass for payment to the plaintiff by the first, and by the second defendant as the representative of his father, of the sum of Rs. 5,081-14-0 with costs oh the amount decreed and future interest at 6 per cent., and for realization of the amount decreed by sale of the hypothecated property if the debt is not discharged in six months.

2. We also order that the plaintiff's costs, decreed as aforesaid, shall be recoverable from the third defendant as well as from the first and second defendants, and we affirm so much of the decree of the Court of First Instance as dismissed the residue of the claim.

1 [Article 132:

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Description of suit. Period of limitation. Time from which period begins

to run.

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To enforce payment of Twelve years ... When the money sued for

money charged upon im- becomes due.]

movable property.

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