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.