Limitation under Article 134 runs only when the mortgagee's transferee takes possession; paper transfer alone is insufficient.

Article 134 of the Limitation Act was construed to apply only to a transferee from the mortgagee who is in possession and thus capable of being sued for possession when the transfer occurs. A mere paper transfer without possession does not start limitation under that article, because the limitation period must be read with the nature of the suit and cannot run before the mortgagor has a present cause of action. Where the transferee takes possession later, limitation begins from that date, and the redemption claim is not barred on the basis of earlier transfer alone.

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Issues: Whether Article 134 of the Limitation Act applies only where the transferee from the mortgagee is in possession at the date of transfer, and whether limitation under that article begins to run only from the date the transferee obtains possession.

Analysis: The judges differed on the construction of Article 134, but the majority view was that the article is directed to suits against a transferee who is in possession and capable of being sued for possession when the transfer occurs. On that construction, a mere paper transfer without possession does not attract Article 134, because the starting point in the third column must be read with the nature of the suit described in the first column. The majority rejected the view that time can begin to run before the transferee takes possession or before the mortgagor has a present cause of action. They held that the statute should not be extended by implication to bar redemption before the right to sue arises, and that where possession is obtained only later, limitation runs from the date of possession.

Conclusion: Article 134 does not apply unless the transferee had possession at the date of transfer, and limitation begins only when possession is taken by the transferee. The redemption claim was therefore not barred on that ground.

Final Conclusion: The governing construction of Article 134 was adopted in favour of the mortgagor, with the result that the suit for redemption survived the limitation objection based on the transferee's later acquisition of possession.

Ratio Decidendi: Under Article 134 of the Limitation Act, limitation for recovery of mortgaged property transferred by the mortgagee starts only when the transferee obtains possession, and the article does not govern a transfer unaccompanied by possession on the date of transfer.

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