VALLIAMMA CHAMPAKA PILLAI versus SIVATHANU PILLAI AND ORS.

VALLIAMMA CHAMPAKA PILLAI versus SIVATHANU PILLAI AND ORS.

Suit for redemption by non-redeeming co-mortgagor is time-barred as limitation started running from date of redemption by redeeming co-mortgagor and release deeds do not constitute valid acknowledgement; either 50 years from mortgage or 12 years from redemption, both periods expired before suit was filed.

Parties
Appellant/plaintiff: Valliamma Chempaka Pillai; Respondents/defendants: Sivathanu Pillai and Ors.
Jurisdiction
India
Judgment Date
24 August 1979
Procedural Posture
Civil Appeal / Final Appeal Before Supreme Court After Letters Patent Appeal in High Court
Outcome
Appeal dismissed
Legal Topics
Limitation for Redemption by Co Mortgagor, Subrogation and Contribution Among Co Mortgagors, Effect of Acknowledgement Under Limitation Act
Property Law Civil Procedure Limitation for Redemption by Co Mortgagor Subrogation and Contribution Among Co Mortgagors Effect of Acknowledgement Under Limitation Act

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 8 Party arguments 2
Sign in to unlock

Parties

Valliamma Chempaka Pillai

Appellant/plaintiff

Sivathanu Pillai and Ors.

Respondents/defendants

Procedural Posture

Civil Appeal / Final Appeal Before Supreme Court After Letters Patent Appeal in High Court

Legal Issues

  1. 1 Whether the suit for redemption of mortgaged property by a non-redeeming co-mortgagor is barred by limitation
  2. 2 Whether release deeds executed by redeeming co-mortgagor constitute valid acknowledgement under Section 18 of Limitation Act, 1908
  3. 3 Effect of States Reorganisation Act, 1956 on Travancore High Court decisions

Ratio Decidendi

Suit for redemption by non-redeeming co-mortgagor is time-barred as limitation started running from date of redemption by redeeming co-mortgagor and release deeds do not constitute valid acknowledgement; either 50 years from mortgage or 12 years from redemption, both periods expired before suit was filed.

Court Disposition

Appeal dismissed

Orders

  • Plaintiff's suit for redemption and possession of share of items 31 to 42 and 44 declared time barred.
  • Parties to bear their own costs in Supreme Court.