Suit for recovery of possession of mortgaged property - Three years period was fixed under mortgage deed, Dt/- 09.02.1981 -Starting point of limitation was only on expiry of three years and not date of mortgage - Even calculating limitation period as provided under Limitation Act, 1963 i.e.30 years, based on redemption, plaintiff ought to have filed suit on or before 07.02.2014 - Suit was filed on 09.06.2014 - Suit held, barred by limitation.

Citation

AIROnline 2024 MAD 289

Madras High Court

P. B. BALAJI , J

S.A - 787 of 2017 D/- 8 - 3 - 2024

Kaliyaperumal v. Lakshmi

Transfer of Property Act (4 of 1882), S.64

- Limitation Act (36 of 1963), Art.61(a) -

Suit for recovery of possession of mortgaged property - Bar of limitation - Earlier suit was filed for relief of recovery of possession - There was no specific pleading about mortgage - It was withdrawn and Court had granted liberty to file fresh suit on same cause of action - Three years period was fixed under mortgage deed, Dt/- 09.02.1981 -

Starting point of limitation was only on expiry of three years and not date of mortgage - Even calculating limitation period as provided under Limitation Act, 1963 i.e.30 years, based on redemption, plaintiff ought to have filed suit on or before 07.02.2014 - Suit was filed on 09.06.2014 - Suit held, barred by limitation.

 (Paras 13 , 16)