SHIV LAL & ORS. versus CHET RAM & ORS.

SHIV LAL & ORS. versus CHET RAM & ORS.

Certified copies of acknowledgments in mutation proceedings without original and proof of signature cannot extend limitation for redemption; statutory presumptions under Evidence Act and Punjab Land Revenue Act do not apply; and s.12 of the Redemption of Mortgages (Punjab) Act does not enlarge the limitation period for filing redemption suits if already expired.

Parties
Appellants: Shiv Lal & Ors.; Respondents: Chet Ram & Ors.
Jurisdiction
India
Judgment Date
09 September 1970
Procedural Posture
Civil Appeals by Special Leave / Appeal From Judgments and Decrees of Punjab High Court, Confirmed by Supreme Court
Outcome
Civil Appeal No. 1250 of 1966 partly allowed; plaintiffs' claim for redemption of items 2, 3, and 4 dismissed, decree for item 1 upheld. Civil Appeal No. 1251 of 1966 allowed; plaintiffs' Suit No. 334 of 1961 dismissed. Each party to bear their own costs throughout.
Legal Topics
Redemption of Mortgages, Acknowledgment Under Limitation Law, Admissibility of Certified Copies, Presumptions Under Evidence Act, Limitation of Suits for Redemption
Property Law Evidence Limitation Redemption of Mortgages Acknowledgment Under Limitation Law Admissibility of Certified Copies Presumptions Under Evidence Act Limitation of Suits for Redemption

Case Brief

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Parties

Shiv Lal & Ors.

Appellants

Chet Ram & Ors.

Respondents

Procedural Posture

Civil Appeals by Special Leave / Appeal From Judgments and Decrees of Punjab High Court, Confirmed by Supreme Court

Legal Issues

  1. 1 Whether acknowledgment of mortgage beyond 30 years in mutation proceedings, proved only by certified copy, extends limitation for redemption suit
  2. 2 Whether presumption under s. 90 or s. 114(e) of Evidence Act or s. 44 Punjab Land Revenue Act applies to such acknowledgments
  3. 3 Whether s. 12 of Redemption of Mortgages (Punjab) Act, 1913 enlarges the limitation for redemption suits upon dismissal of application under s. 4

Ratio Decidendi

Certified copies of acknowledgments in mutation proceedings without original and proof of signature cannot extend limitation for redemption; statutory presumptions under Evidence Act and Punjab Land Revenue Act do not apply; and s.12 of the Redemption of Mortgages (Punjab) Act does not enlarge the limitation period for filing redemption suits if already expired.

Court Disposition

Civil Appeal No. 1250 of 1966 partly allowed; plaintiffs' claim for redemption of items 2, 3, and 4 dismissed, decree for item 1 upheld. Civil Appeal No. 1251 of 1966 allowed; plaintiffs' Suit No. 334 of 1961 dismissed. Each party to bear their own costs throughout.

Orders

  • Plaintiffs' claim for redemption of plaint items 2, 3, and 4 in Suit No. 280 of 1961 dismissed; decree for redemption of plaint item 1 upheld.
  • Plaintiffs' Suit No. 334 of 1961 dismissed.