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1989 Supreme(SC) 369

S.RANGANATHAN, SABYASACHI MUKHARJEE
Reet Mohinder Singh Sekhon – Appellant
Versus
Mohinder Parkash – Respondent


Advocates:
ASHOK MAHAJAN, HARBANS LAL BAJAJ, JITENDRA SHARMA

JUDGMENT

Mortgage - Redemption - Limitation.

Where the passages in the sale deed, dt/- 1-11-1913, contained two specific recitals, first that "the original consideration and interest under had accrued and was payable to the instant vendor" which acknowledged that the mortgage had not been redeemed and that the mortgage moneys remained outstanding to the mortgagee from the mortgagor as on the date of the sale deed and the second that what stood transferred to the purchaser was not only the right of the mortgagee for recovering the principal amounts and interest according to the mortgage deed but also "the rights and interest" regarding the redemption of the mortgaged land, which clearly manifested an intention on the part of the mortgagee to acknowledge that his right to recover the moneys under the mortgage deed as well as his liability to have the property redeemed by the mortgagor in the event of his paying off the moneys due under the instrument both stood vested in the purchaser, it was held that the said recitals in the document constituted an acknowledgment of liability for redemption within the meaning of S. 19 of the Limitation Act. Consequently a suit for redemption of mort
























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