SAMPURAN SINGH AND ORS. versus NIRANJAN KAUR AND ORS.

SAMPURAN SINGH AND ORS. versus NIRANJAN KAUR AND ORS.

Limitation for a suit to redeem an oral mortgage accrues from the date of execution if the mortgage is valid and there is no restriction to the contrary. Any acknowledgment after expiry of prescribed limitation cannot revive a fresh limitation period under Section 18 of the Limitation Act, 1963. The Redemption of...

Source-derived case information.

Parties
Appellant: Sampuran Singh and Ors.; Respondent: Niranjan Kaur and Ors.
Jurisdiction
India
Judgment Date
23 February 1999
Procedural Posture
Civil Appeal / Final Supreme Court Decision
Outcome
Appeal dismissed
Legal Topics
Redemption of Mortgage, Period of Limitation, Oral Mortgage Validity, Acknowledgement and Revival of Limitation
Property Law Limitation Law Redemption of Mortgage Period of Limitation Oral Mortgage Validity Acknowledgement and Revival of Limitation

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Parties

Sampuran Singh and Ors.

Appellant

Niranjan Kaur and Ors.

Respondent

Procedural Posture

Civil Appeal / Final Supreme Court Decision

Legal Issues

  1. 1 Whether an oral mortgage executed in 1893 is valid and legally enforceable
  2. 2 When does limitation for redemption and recovery of possession accrue in such cases
  3. 3 Whether Section 18 of the Limitation Act revives limitation due to acknowledgment after expiry

Ratio Decidendi

Limitation for a suit to redeem an oral mortgage accrues from the date of execution if the mortgage is valid and there is no restriction to the contrary. Any acknowledgment after expiry of prescribed limitation cannot revive a fresh limitation period under Section 18 of the Limitation Act, 1963. The Redemption of Mortgages (Punjab) Act, 1913 does not govern or affect the limitation period for redemption.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed. Costs on the parties.