Supreme Court of India · 1992-05-15
PATEL NARANBHAI MARGHABHAI(D)BY LRS vs DECEASED DHULABHAI GALBABHAI BY LRS.
- Citation / case number
- SC 1992/81538
- Court
- Supreme Court of India
- Petitioner
- PATEL NARANBHAI MARGHABHAI(D)BY LRS
- Respondent
- DECEASED DHULABHAI GALBABHAI BY LRS.
- Author
- K. RAMASWAMY
- Bench
- K. RAMASWAMY
Judgment text excerpt
The Supreme Court held that under Section 27 of the Limitation Act, a person's right to property is extinguished if they fail to institute a suit for possession within the prescribed period. The Court clarified that the limitation period applies to suits for possession and that the absence of a prescribed period for recovery under the relevant Act implies that such applications are not barred by limitation. The appeal was dismissed, affirming that the appellants, as mortgagees, remained in possession until the debt was discharged.