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Uppi Haji Vs. Mammavan - Court Judgment

LegalCrystal Citation
SubjectProperty;Limitation
CourtChennai
Decided On
Judge
Reported in(1893)ILR16Mad366
AppellantUppi Haji
RespondentMammavan
Cases ReferredMylapore Iyasawmy Vyapoory Moodliar v. Yeo Kay I.L.R.
Excerpt:
limitation act - act xv of 1877, section 19--acknowledgment of liability--requirements of the section. - - he failed to show that there was any other mortgage to which the acknowledgment of the testator could have referred......can be no doubt that it was an acknowledgment by the testator that he then held the estate on kanom title. the defendant in this suit admitted that the mortgage of 1805 was true, but relied on the act of limitations. he failed to show that there was any other mortgage to which the acknowledgment of the testator could have referred. under these circumstances the decision of the munsif that the acknowledgment is sufficient must be upheld, unless we are prepared to hold that the absence of the name of the mortgagor and of the date of the mortgage are sufficient to deprive the acknowledgment of validity. section 19 does not provide for the mention of the name of the mortgagor, but lays down that the acknowledgment is sufficient, though it omits to specify the exact nature of the right......
Judgment:

1. Relying on Mylapore Iyasawmy Vyapoory Moodliar v. Yeo Kay I.L.R. 14 Cal. 801 the lower Appellate Court has held that the acknowledgment in Exhibit A is not sufficient to remove the bar of limitation. Exhibit A was a will executed by the mortgagee, the predecessor in title of the defendants. The testator therein described the plaint lands as 'demised to me on kanom.' The question is whether this is such an acknowledgment of liability in respect of the property as to bring it within the requirements of Section 19 of the Limitation Act. There can be no doubt that it was an acknowledgment by the testator that he then held the estate on kanom title. The defendant in this suit admitted that the mortgage of 1805 was true, but relied on the Act of Limitations. He failed to show that there was any other mortgage to which the acknowledgment of the testator could have referred. Under these circumstances the decision of the Munsif that the acknowledgment is sufficient must be upheld, unless we are prepared to hold that the absence of the name of the mortgagor and of the date of the mortgage are sufficient to deprive the acknowledgment of validity. Section 19 does not provide for the mention of the name of the mortgagor, but lays down that the acknowledgment is sufficient, though it omits to specify the exact nature of the right. Under the Act of 1871 an acknowledgment of the mortgagor's title or right of redemption was required, and if it had been the intention of the Legislature that the name of the mortgagor should appear, the alteration was unnecessary. On the contrary the intention of the Legislature appears to have been to adopt the principles laid down in the English cases, e.g., Stans field v. Hobson 16 Beav. 236; affirmed on appeal 3 De G 620 and Anon 3 Atkyn's Rep., 314 decided by Sir J. JEKYLL. As to the decision of the Privy Council on which the Judge relies, we observe that the admission made by Bennet on which the plaintiff relied had no reference to the title set up by the plaintiff in the suit, whereas in the present case the admission of the testator Kutiyatha that he held the property under a subsisting kanom amounted to an acknowledgment of the title of the mortgagor, and that title is in the plaintiff. We reverse the decree of the District Judge and restore that of the Munsif with costs in this and the lower Appellate Court.


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