Supreme Court of India
Prabhakaran and Ors. v. M. Azhagiripillai (dead) by Lrs. and Ors.
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1 Supreme Court bench has cited this judgment.
What the Court ordered
In view of the above, this appeal is allowed as follows :- (a) The judgment of the High Court is set aside and the suit is F decreed, holding that the plaintiffs are entitled to a decree for redemption in regard to the suit property.
Judgment, page 20
From the 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 deed dt. 7.9.1935-Mortgagee assigning the mortgage in favour of assignee under registered deed dt. 12.2.1954 and delivering possession of suit property to him-Heirs 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
Authorities it was built on
Where later benches applied it
Of those, 1 disapproved
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