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may 2008

Supreme Court of India · 2008-05-06

LACHHMAN SINGH (D) BY LRS. vs HAZARA SINGH (D) BY LRS. .

Citation / case number
SC 2006/31010
Court
Supreme Court of India
Petitioner
LACHHMAN SINGH (D) BY LRS.
Respondent
HAZARA SINGH (D) BY LRS. .
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, specifically under the Limitation Act. The Court held that the onus to prove that the suit was barred by limitation lies with the defendants, particularly when the relationship between the mortgagor and mortgagee is established. The Court upheld the High Court's decision to allow the second appeal, indicating that the suit was within the prescribed period of limitation as the actual date of mortgage could be established through additional evidence.

LACHHMAN SINGH (D) BY LRS. vs HAZARA SINGH (D) BY LRS. . · Niyam