KHAN BAHADUR SHAPOOR FREDOOM MAZDA versus DURGA PROSAD CHAMARIA AND OTHERS

KHAN BAHADUR SHAPOOR FREDOOM MAZDA versus DURGA PROSAD CHAMARIA AND OTHERS

Since the only subsisting relation between the parties at the date of the letter was that of mortgagee and mortgagor, and the letter acknowledged the existence of that jural relationship, it clearly amounted to an acknowledgment under section 19 of the Indian Limitation Act, 1908.

Parties
Appellant: Khan Bahadur Shapoor Fredoom Mazda; Respondent: Durga Prosad Chamaria; Appellant: A. G. Ratnaparkhi; Respondent: P. K. Chatterjee; Appellant: W. S. Barlingay
Jurisdiction
India
Judgment Date
01 March 1961
Procedural Posture
Civil Appeal / Appeal From Judgment and Decree of the Calcutta High Court
Outcome
Appeal dismissed
Legal Topics
Acknowledgment of Liability, Mortgage, Computation of Limitation Period
Limitation Law Property Law Acknowledgment of Liability Mortgage Computation of Limitation Period

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Parties

Khan Bahadur Shapoor Fredoom Mazda

Appellant

Durga Prosad Chamaria

Respondent

A. G. Ratnaparkhi

Appellant

P. K. Chatterjee

Respondent

W. S. Barlingay

Appellant

Procedural Posture

Civil Appeal / Appeal From Judgment and Decree of the Calcutta High Court

Legal Issues

  1. 1 Whether a letter written by the mortgagor to the mortgagee amounts to acknowledgment of liability under section 19 of the Indian Limitation Act, 1908

Ratio Decidendi

Since the only subsisting relation between the parties at the date of the letter was that of mortgagee and mortgagor, and the letter acknowledged the existence of that jural relationship, it clearly amounted to an acknowledgment under section 19 of the Indian Limitation Act, 1908.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs