Supreme Court of India · 2008-08-29
K.Vilasini & Ors vs Edwin Periera & Ors
- Citation / case number
- AIR 2009 SUPREME COURT 1041
- Court
- Supreme Court of India
- Petitioner
- K.Vilasini & Ors
- Respondent
- Edwin Periera & Ors
- Author
- S.B. Sinha
- Bench
- Aftab Alam, S.B. Sinha
Judgment text excerpt
The Supreme Court addressed the appeal against the Kerala High Court's order regarding the redemption of a usufructuary mortgage under the Transfer of Property Act. The Court held that the delay in depositing the redemption amount could be condoned under Section 5 of the Limitation Act, provided sufficient cause is shown. The Court ultimately allowed the appeal, setting aside the High Court's order that had permitted the delay without notice to the respondents, emphasizing the necessity of adhering to procedural fairness.