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february 1991

Supreme Court of India · 1991-02-20

HARBANS SINGH ETC. vs GURAN DITTA SINGH ETC.

Citation / case number
SC 1975/60582
Court
Supreme Court of India
Petitioner
HARBANS SINGH ETC.
Respondent
GURAN DITTA SINGH ETC.
Author
K. RAMASWAMY
Bench
K. RAMASWAMY

Judgment text excerpt

The Supreme Court held that under Section 13 of the Redemption of Mortgages (Punjab) Act 2 of 1913, a mortgagor or their successor cannot file a second application for redemption after a dismissal. The Court clarified that while Section 12 allows for a suit to establish rights regarding the mortgage, the limitation period for such suits is governed by Article 14 of the Limitation Act, 1908, which prescribes one year from the decision of the Collector, while Article 61 of the Limitation Act, 1963 allows 30 years for redemption. The Court affirmed the High Court's ruling that the suits were not barred by limitation and upheld the decree of redemption.

HARBANS SINGH ETC. vs GURAN DITTA SINGH ETC. · Niyam