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september 2008

Supreme Court of India · 2008-09-01

MURTAZA JAHAN @ MUSSARRAT JHAN BEGUM vs MOHAN CHANDRA TAMTA .

Citation / case number
SC 2007/22694
Court
Supreme Court of India
Petitioner
MURTAZA JAHAN @ MUSSARRAT JHAN BEGUM
Respondent
MOHAN CHANDRA TAMTA .
Author
S.B. SINHA,CYRIAC JOSEPH, , ,
Bench
S.B. SINHA,CYRIAC JOSEPH, , ,

Judgment text excerpt

The Supreme Court held that the High Court erred in applying Article 65 of the Limitation Act, 1963, regarding the filing of a suit for redemption of mortgage, which was redeemed in 1954. The Court found that the High Court did not adequately consider the findings of fact from the First Appellate Court and thus set aside the impugned judgment. The matter was remitted to the High Court for fresh consideration of the Second Appeal, with directions to expedite the hearing.

MURTAZA JAHAN @ MUSSARRAT JHAN BEGUM vs MOHAN CHANDRA TAMTA . · Niyam