Ahilyabai And Ors. vs Shantabai (Dead) And Ors.

The Supreme Court held that the suit filed by the appellants for redemption and possession of mortgaged property was not barred by limitation under Article 61(a) of the Limitation Act, 1963. The Court found that the right to recover possession only accrued after the respondents were granted possession on 31st August, 1981, and since the appellants were in possession until that date, their suit filed on 11th December, 1981 was timely. The Court reversed the lower courts' decisions that dismissed the suit on limitation grounds.