HARBANS SINGH ETC. versus GURAN DITTA SINGH ETC

HARBANS SINGH ETC. versus GURAN DITTA SINGH ETC

Though the application for redemption was dismissed under Section 11 of the Redemption of Mortgages (Punjab) Act, and became conclusive under Section 12, mortgagor’s right to redemption is not barred. A civil suit for redemption under Section 60 of the Transfer of Property Act, 1882 is maintainable, and civil court has jurisdiction. The suits for redemption were within limitation under the applicable Limitation Acts; Section 12 of the Act does not oust civil court jurisdiction.

Parties
Appellant: Harbans Singh etc.; Respondent: Guran Ditta Singh etc.
Jurisdiction
India
Judgment Date
20 February 1991
Procedural Posture
Civil Appeal / Final Judgment After Appeal Under Article 136, Supreme Court
Outcome
Appeals dismissed
Legal Topics
Redemption of Mortgages, Limitation for Suits, Jurisdiction of Civil Courts, Applicability of Transfer of Property Act
Property Law Redemption of Mortgages Limitation for Suits Jurisdiction of Civil Courts Applicability of Transfer of Property Act

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Parties

Harbans Singh etc.

Appellant

Guran Ditta Singh etc.

Respondent

Procedural Posture

Civil Appeal / Final Judgment After Appeal Under Article 136, Supreme Court

Legal Issues

  1. 1 Whether mortgagor's right of redemption is barred after dismissal of application under the Redemption of Mortgages (Punjab) Act, 1913
  2. 2 Whether suit for redemption is maintainable under section 60 of the Transfer of Property Act and civil court has jurisdiction
  3. 3 Whether the suits are barred by limitation

Ratio Decidendi

Though the application for redemption was dismissed under Section 11 of the Redemption of Mortgages (Punjab) Act, and became conclusive under Section 12, mortgagor’s right to redemption is not barred. A civil suit for redemption under Section 60 of the Transfer of Property Act, 1882 is maintainable, and civil court has jurisdiction. The suits for redemption were within limitation under the applicable Limitation Acts; Section 12 of the Act does not oust civil court jurisdiction.

Court Disposition

Appeals dismissed

Orders

  • Decree of redemption upheld
  • Parties directed to bear their own costs throughout