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may 1992

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.

PATEL NARANBHAI MARGHABHAI(D)BY LRS vs DECEASED DHULABHAI GALBABHAI BY LRS. · Niyam