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.