1999 Supreme(SC) 238
Sampuran Singh – Appellant
Versus
Niranjan Kaur – Respondent
Judgement Key Points
Based on the provided legal document, here are the key points regarding the judgment in Sampuran Singh & Ors. vs. Smt. Niranjan Kaur & Ors.:
- Validity of Oral Mortgage: An oral mortgage executed in March 1893 for Rs. 53/- with delivery of possession was held to be valid under the law applicable at that time (prior to the extension of the Transfer of Property Act), meaning the mortgage came into existence on the very day of its execution. (!) (!) (!) (!) (!)
- Start of Limitation Period: The period of limitation for the right of redemption starts from the very first date of a valid mortgage unless there is a specific restriction in the mortgage deed. Since no restriction existed, the 60-year limitation period began in March 1893, making the suit filed in 1980 time-barred. (!) (!) (!) (!)
- Ineffectiveness of Acknowledgment: An acknowledgment of liability made after the expiration of the prescribed period for filing a suit does not revive or extend the limitation period. Section 18(1) of the Limitation Act requires the acknowledgment to be made before the expiration of the prescribed period. (!) (!) (!)
- Specific Facts of Acknowledgment: The original mortgagees acknowledged the existence of the mortgage via a registered sale deed dated 11th January 1960. However, since the limitation period had already expired in 1953 (March 1893 + 60 years), this acknowledgment in 1960 could not revive the limitation. (!) (!) (!)
- Rejection of "Right to Redeem" Theory: The argument that the right to redeem only accrues when the mortgagor tenders payment or the mortgagee communicates satisfaction through usufruct is rejected; such an interpretation would allow the limitation period to run indefinitely. The right accrues from the date of mortgage execution. (!) (!) (!)
- Irrelevance of Other Cases: The doctrine of election (approbate and reprobate) and the C. Beepathumma case regarding usufructuary mortgages do not apply to support the revival of limitation in this specific oral mortgage case. (!) (!) (!) (!)
- Statutory Limitation Period: The applicable period of limitation for redeeming a mortgaged property was 60 years from the date the right to recover possession accrued, not 30 years. (!) (!) (!) (!)
- Outcome: The appeal filed by the mortgagors (appellants) seeking redemption of the suit land was dismissed as the suit was barred by limitation. (!) (!)
Judgment
Misra, J.-The only question raised by the learned counsel for the mortgagor-appellants is and, that is, what is also decided by the courts below is whether his suit for redemption is barred by time? This is a case of oral mortgage executed in the year 1893 for a sum of Rs. 53/- and further, a question is raised, whether fresh period of limitation would revive from 11st January, 1960, on which date the original mortgagee sold his mortgagee right by a registered deed to the respondents, who acknowledge the existence of the mortgage in question?
2. To appreciate the controversy, it is necessary to refer to the following short facts of this case. The suit land comprising of 37 kanals 15 marlas in Khewat No. 260, Khatauni No. 448, Rect. No. 45, Killa No. 14 (8-0), 19 (8-0), 21 (5-15), 22 (8-0) situated in village Sambhli, Tehsil and District Karnal (Haryana) was originally mortgaged by Rekha and others for a sum of Rs. 53/- in favour of Bakhatwara, Raju and Matu S/o Sahu on 21st March 1893. Mutation was sanctioned. Subsequently, on 11th January, 1960, the mortgagee-Matu s/o Raju and Smt. Dasondha Wd/o Parsa D/o Sahu sold their mortgagee rights vide registered sale deed in the eve
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