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Issues: Whether the statements contained in the four relied-upon documents constituted an acknowledgment of liability within the meaning of Section 19 of the Limitation Act, IX of 1908 so as to give a fresh period of limitation for the suit for redemption and possession.
Analysis: Section 19 requires a written and signed acknowledgment of a subsisting liability in respect of the property or right claimed, made before expiry of limitation. A mere reference to the existence of a mortgage or to the parties' jural relationship is not enough unless, from the language used and the surrounding circumstances, it can reasonably be inferred that the maker intended to admit the subsisting liability to be redeemed. The documents relied upon referred to earlier mortgages only for describing the maker's own rights or title, or traced the claimants' title, and did not contain a conscious admission of the respondents' liability to redemption. One document even specifically denied the right to redeem.
Conclusion: None of the relied-upon statements amounted to an acknowledgment under Section 19, and the suit was barred by limitation. The finding was against the appellants.
Final Conclusion: The limitation defence succeeded, the redemption claim failed, and the dismissal of the suit was upheld.
Ratio Decidendi: An acknowledgment under Section 19 must, on a fair reading of the document and surrounding circumstances, amount to an intended admission of a subsisting liability to the claimant; a mere description or reference to a mortgage or jural relationship does not suffice.