Chennai Court September 1896 Judgments

Mammunhi Vs. Gri Sham Bhatta and ors.

Court: Chennai

Reported in: (1897)7MLJ11

ORDER1. The plaintiff was transported for life in 1872. In 1873 his wife executed an usufructuary mortgage in favour of her brother, the sum secured being Rs. 925. In 1878 a similar mortgago was executed by her in favour of Iswara Bhatta, the consideration being the promise on the latter's part to pay off the former mortgage and, an additional advance of Rs. 300. In 1882, within twelve years of the institution of the suit, Iswara Bhatta assigned his motgage to the appellant.2. It is contended on the appellant's behalf that, inasmuch as Iswara Bhatta took possession in 1878, and his possession and that of the appellant were adverse to the plaintiff, the suit ought to have been dismissed on the ground of limitation. On the respondent's part, it is argued that there is no evidence to show when, if ever, the possession under the mortgage of 1878 began, and further that the possession of the appellant was not wholly adverse, because it might be referred in part to a right to retain the land...