Sale of mortgaged property by mortgagee as absolute owner - Mortgagor's remedy - Suit for recovery of possession by mortgagor - Limitation - Starting point

Citation 

AIR 1972 MADRAS 185

MADRAS HIGH COURT

(Principal Seat at MADRAS)

K. VEERASWAMI , C.J.

and RAGHAVAN , J.

Second Appeal No.1764 of 1967 and Civil

Misc. Petn. No.5543 of 1971, D/- 4 - 8 - 1971

R. Dhanalakshmi Ammal Appellants v. G.

Anthuraj and others Respondents

(A)Transfer of Property Act (4 of 1882), S.60 - Clog on redemption - Provision in mortgage deed that if there was default in payment of. mortgage money as stipulated in the deed, the transaction should he regarded as an absolute sale - Provision operated as a clog and that clause was of no effect.     (Para 1) 

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

Sale of mortgaged property by mortgagee as absolute owner - Mortgagor's remedy - Suit for recovery of possession by mortgagor - Limitation - Starting point