Supreme Court of India · 2008-05-06
Lachhman Singh (Deceased)Through ... vs Hazara Singh (Deceased) Through Legal ...
- Citation / case number
- AIRONLINE 2008 SC 385
- Court
- Supreme Court of India
- Petitioner
- Lachhman Singh (Deceased)Through ...
- Respondent
- Hazara Singh (Deceased) Through Legal ...
- Author
- S.B. Sinha
- Bench
- S.B. Sinha, Lokeshwar Singh Panta
Judgment text excerpt
The Supreme Court addressed the issue of limitation in a suit for redemption of mortgage under the Limitation Act, holding that the onus to prove that the suit was barred by limitation lies with the defendants. The Court found that the High Court correctly allowed the second appeal, establishing that the relationship between the mortgagor and mortgagee was proven, and the actual date of mortgage could be determined through additional evidence. The Court upheld the High Court's decision, allowing the suit for redemption to proceed.