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december 1963

Supreme Court of India · 1963-12-03

MANIMALA DEVI vs INDU BALA DEBYA & ORS.

Citation / case number
SC 1960/209
Court
Supreme Court of India
Petitioner
MANIMALA DEVI
Respondent
INDU BALA DEBYA & ORS.
Bench
SHAH, J.C.

Judgment text excerpt

The Supreme Court held that under Section 20 of the Limitation Act, 1908, a mortgagor's assignment of interest does not extend the limitation period for enforcing a mortgage. The court clarified that a mortgagor whose interest is transferred is not considered a 'person liable to pay the debt' as per the Limitation Act. It was determined that the right conferred by Section 68 of the Transfer of Property Act is to sue for mortgage money based on personal covenants, governed by Article 116 of the Limitation Act, and not to enforce the mortgage itself.

MANIMALA DEVI vs INDU BALA DEBYA & ORS. · Niyam