Supreme Court · 2005 INSC 555 · Decided 9 November 2005
Rukmani Ammal and ANR. v. Jagdeesa Gounder
- Court
- Supreme Court of India
- Citation
- 2005 INSC 555 · [2005] SUPP. 5 S.C.R. 105
- Case number
- CIVIL APPEAL No. 6544/1999
- Decided
- 9 November 2005
- Bench
- ARIJIT PASAYAT, C.K. THAKKER (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Limitation Act Section 63, 61
Headnote
B Limitation Act, 1963-Artic/e 63-Possession of mortgage property by mortgagee-When becomes adverse against mortgagor-Held: On sale of mortgage property in favour of mortgagee, his/her status as mortgagee comes C to an end and upon purchase, claims property as absolute owner-Possession becomes property already mortgaged by mortgagor, to purchaser-Suit for declaration of title and possession of property by purchaser against mortgagee 12 years later- D Maintainability of-Held: Suit for redemption of mortgage should have been filed and suit for declaration of title and possession is not
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