REET MOHINDER SINGH SEKHON versus MOHINDER PARKASH & ORS.

REET MOHINDER SINGH SEKHON versus MOHINDER PARKASH & ORS.

The recitals in the sale deed dated 1.11.1913 constituted an acknowledgment of liability for redemption under Section 19 of the Limitation Act, as they made specific reference to an outstanding mortgage and a subsisting right of redemption in the mortgagor. The suit, having been filed on 28.12.1968, was within limitation as per Section 30 of the Limitation Act, 1963.

Parties
Appellant: REET MOHINDER SINGH SEKHON; Respondent: MOHINDER PARKASH; Appellant: Ashok K. Mahajan
Jurisdiction
India
Judgment Date
31 July 1989
Procedural Posture
Civil Appeal / Final Judgment
Outcome
appeal allowed
Legal Topics
Redemption of Mortgage, Acknowledgment Under Limitation Law
Property Law Limitation Redemption of Mortgage Acknowledgment Under Limitation Law

Case Brief

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Parties

REET MOHINDER SINGH SEKHON

Appellant

MOHINDER PARKASH

Respondent

Ashok K. Mahajan

Appellant

Procedural Posture

Civil Appeal / Final Judgment

Legal Issues

  1. 1 Whether the recital in sale deed dated 1.11.1913 constitutes an acknowledgment sufficient to extend limitation for redemption of mortgage
  2. 2 Whether suit was filed within limitation period considering Section 30 of the Limitation Act, 1963

Ratio Decidendi

The recitals in the sale deed dated 1.11.1913 constituted an acknowledgment of liability for redemption under Section 19 of the Limitation Act, as they made specific reference to an outstanding mortgage and a subsisting right of redemption in the mortgagor. The suit, having been filed on 28.12.1968, was within limitation as per Section 30 of the Limitation Act, 1963.

Court Disposition

appeal allowed

Orders

  • Order of High Court confirming Additional District Judge set aside.
  • Decree for redemption passed by the Trial Court restored.