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Vaikunta Bhaktha Vs. Kunni Pakki Beari and ors. - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtChennai
Decided On
Judge
Reported in1Ind.Cas.203
AppellantVaikunta Bhaktha
RespondentKunni Pakki Beari and ors.
Cases Referred and Dharma v. Balmokand
Excerpt:
limitation act (xiv of 1889), s.i., clause 15 - mortgage--redemption--acknowledgment of mortgage by mortgagee's son--acknowledger not sole, mortgagee but only sharer in mortgaged property at date of acknowledgment--subsequent acquisition of whole property--whether acknowledgment effectual to give new starting point for limitation. - - the acknowledgment to be effectual must have been a good acknowledgment at the date when it was made......c. the question then is, whether the acknowledgment made by him in exhibit c would be sufficient to give a new starting point for limitation under section 1, clause 15 of act xiv of 1859. we are of opinion that it would not. vide bhogilal v. amritlal 17 b.k 173, and dharma v. balmokand 18 a.k 458.2. the fact that kunham haji subsequently acquired the whole of the mortgaged property can make no difference. the acknowledgment to be effectual must have been a good acknowledgment at the date when it was made.3. we, therefore, reverse the decree of the district judge and restore that of the district munsif with costs in this and the lower appellate court.
Judgment:

1. Taking the view most favourable to the plaintiffs, Kunham Haji was entitled to only a share; in the mortgaged properly at the date of Exhibit C. The question then is, whether the acknowledgment made by him in Exhibit C would be sufficient to give a new starting point for limitation under Section 1, Clause 15 of Act XIV of 1859. We are of opinion that it would not. Vide Bhogilal v. Amritlal 17 B.k 173, and Dharma v. Balmokand 18 A.k 458.

2. The fact that Kunham Haji subsequently acquired the whole of the mortgaged property can make no difference. The acknowledgment to be effectual must have been a good acknowledgment at the date when it was made.

3. We, therefore, reverse the decree of the District Judge and restore that of the District Munsif with costs in this and the lower Appellate Court.


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