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january 2016

Supreme Court of India · 2016-01-29

MOHAN LAL vs MOHAN LAL

Citation / case number
SC 2014/8791
Court
Supreme Court of India
Petitioner
MOHAN LAL
Respondent
MOHAN LAL
Author
KURIAN
Bench
ROHINTON FALI NARIMAN KURIAN JOSEPH

Judgment text excerpt

The Supreme Court set aside the High Court's orders regarding the limitation period for the redemption of a usufructuary mortgage, clarifying that the limitation starts from the date the mortgage money is paid or satisfied, as established in Singh Ram Vs. Sheo Ram (2014) 9 SCC 185. The Court held that the previous reliance on Sampuran Singh & Others Vs. Niranjan Kaur (1999) 2 SCC 679 and Prabhakaran & Others Vs. M. Azhagiri Pillai (2006) 4 SCC 484 is no longer good law. The case was remitted to the Trial Court for a full trial on all issues raised, with a directive to expedite the proceedings within six months.

MOHAN LAL vs MOHAN LAL · Niyam