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august 1979

Supreme Court of India · 1979-08-24

VALLIAMMA CHAMPAKA PILLAI vs SIVATHANU PILLAI AND ORS.

Citation / case number
SC 1969/60178
Court
Supreme Court of India
Petitioner
VALLIAMMA CHAMPAKA PILLAI
Respondent
SIVATHANU PILLAI AND ORS.
Bench
SARKARIA, RANJIT SINGH

Judgment text excerpt

The Supreme Court held that the appellant's claim for partition and possession of her half share in the mortgaged properties was barred by limitation under Article 144 of the Limitation Act, 1908, which provides a 12-year period for non-redeeming co-mortgagors. The Court clarified that the acknowledgment of debt under Section 18 of the Limitation Act must contain an admission of liability, which was not established in this case. Consequently, the appeal was dismissed, affirming the High Court's ruling that the suit was time-barred.

VALLIAMMA CHAMPAKA PILLAI vs SIVATHANU PILLAI AND ORS. · Niyam