Original mortgagor should have redeemed the property within 30 years - If he failed to redeem the property within 30 years, suit should be filed within 12 years However, original mortgagor neither redeemed the mortgage within 30 years nor filed any suit within 12 years - Suit was barred by limitation.
Citation
AIROnline 2023 MAD 303
Madras High Court (MADURAI BENCH) P. VELMURUGAN, J.
S.A-1828 of 2001 D/-5-4-2023
Saraswathi Alias Mohammed Pathumal Beevi v. C.Kumaresan (died)
(A)Transfer of Property Act (4 of 1882), S.60 Limitation Act (36 of 1963), Art.61 Suit for - redemption of mortgage - Bar of limitation - Original mortgagor should have redeemed the property within 30 years - If he failed to redeem the property within 30 years, suit should be filed within 12 years However, original mortgagor neither redeemed the mortgage within 30 years nor filed any suit within 12 years - Suit was barred by limitation. (Para 12) - -
Comments
Post a Comment