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.