Supreme Court · 1963 INSC 243 · Decided 3 December 1963
Manimala Devi v. Indu Bala Debya & ORS.
- Court
- Supreme Court of India
- Citation
- 1963 INSC 243 · [1964] 5 S.C.R. 635
- Case number
- CIVIL APPEAL No. 560/1960
- Decided
- 3 December 1963
- Bench
- K. SUBBA RAO, M. HIDAYATULLAH, J.C. SHAH (3-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Civil
- Acts & sections cited
- Transfer of Property Act Section 68; Limitation Act Section 20, 116
Headnote
• 5 S.C.R . SUPREME COURT REPORTS MANIMALA DEVI v. INDU BALA DEBYA & ORS. 635 (K. SUBBA RAO, M. HIDAYATULLAH AND J.C. SHAH, JJ.) Limitation Act (IX of 1908), s. 20 and Art. 116-Person liable to pay debt if covers mortgagor after assignment of his interest-­ Transfer of Property Act and by the deed of mortgage undertook personal liability to pay the dues and agreed that in default of payment by the due date the mortgagee do recover his dues by sale of properties A, B and C. He created a second mortgage to secure another sum borrowed from Sasindra Nath and Indra Nath
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