Supreme Court · 2006 INSC 155 · Decided 20 March 2006
Prabhakaran and ORS. v. M. Azhagiripillai (Dead) BY LRS. and ORS.
- Court
- Supreme Court of India
- Citation
- 2006 INSC 155 · [2006] 3 S.C.R. 28
- Case number
- CIVIL APPEAL No. 840/2000
- Decided
- 20 March 2006
- Bench
- ARIJIT PASAYAT, R.V. RAVEENDRAN (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC; Transfer of Property Act Section 58(d), 60; Limitation Act Section 61(a), 18, 19, 27
Headnote
'i Limitation Act 1963-Sections, 18, 19, 27 and Article 6/(a)­ Acknowledgement-Fresh Period of Limitation-Usufructuary Mortgage­ Redemption of-Mor/gage of suit property under a usufructuary mortgage C deed dt. 7.9.1935-Mortgagee assigning the mortgage in favour of assignee under registered of mortgagor filing suit against heirs of assignee for redemption of mortgage on 16.11.1981-Defendants laking plea of /imitation-Plaintiffs contending that in view of assignment dt. 12.2.1954 being an acknowledgement the mortgage and right of redemption are subsisting-Allowing the appeal D
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