Transfer by mortgagee - Transfer of absolute title in mortgaged property - Suit by mortgagor - Art.61(b) applies - Burden lies on plaintiff to show that cause of action was notbarred - Held on facts that plaintiff failed to prove about his knowledge of transfer within 12 years.

Citation 

AIR 1977 MADRAS 34

MADRAS HIGH COURT

(Principal Seat at MADRAS)

SETHURAMAN , J.

Second Appeal No. 991 of 1974, D/- 5 - 3 - 1976*

Ramalakshmi Ammal Appellants v. Seeniya Pillai Respondent

(A)Limitation Act (36 of 1963), Art.61(a), Art.61(b) - Applicability - Mortgage, redemption - Limitation - Transfer by mortgagee - Transfer of absolute title in mortgaged property - Suit by mortgagor - Art.61(b) applies - Burden lies on plaintiff to show that cause of action was not

barred - Held on facts that plaintiff failed to prove about his knowledge of transfer within 12 years.

AIR 1961 SC 1474 and AIR 1936 Bom 322 and (1970) 1 Mad LJ 132 and AIR 1972 Mad 185,

Rel. on.

AIR 1945 Oudh 258 Ref.

 (Paras 10 , 11 , 15) 

Evidence Act (1 of 1872), S.101, S.104 -

(B)Evidence Act (1 of 1872), S.57 - Judicial notice - Prevalence of economic depression - Court

can take judicial notice. (Para 10)