SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2014 Supreme(P&H) 1315

SURYA KANT
Jarnail Singh – Appellant
Versus
Teja Singh – Respondent


Advocates:
For the Appellant : Madhu Dayal
For the Respondents: S.S. Mattewal and Deepali Puri

Surya Kant, J.

1. The defendants have preferred this Regular Second Appeal against the judgment and decree dated 08th December, 1986 passed by Sub Judge 1st Class, Amritsar, duly upheld by the Additional District Judge, Amritsar vide judgment and decree dated 25th May, 1987, whereby suit for redemption of mortgage filed under Section 12 of the Redemption of Mortgage [Punjab] Act, 1913 filed by the respondent-plaintiffs has been decreed. The substantial questions of law that arise for consideration are [i] whether the period spent in pursuing the application under Section 4 of the Redemption of Mortgage [Punjab] Act, 1913 is required to be excluded from the period of limitation for the purpose of institution of suit for redemption under Section12 of the Act?; [ii] Is there any prescribed period of limitation for the redemption of a usufructuary mortgage? and if so, [iii] when does such period start running?

2. The facts may be briefly noticed.

3. Teja Singh and his six sons filed the instant suit for declaration under Section 12 of the 1913 Act, inter-alia, averring that the suit land was mortgaged with possession by Sadha Singh and Ralla Singh on 11th April, 1951 in favour of Chanan S














Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top