Supreme Court of India · 2018-09-18
Venugopal Padayachi vs V. Pichaikaran(Dead) Through Lrs.
- Citation / case number
- AIRONLINE 2018 SC 246
- Court
- Supreme Court of India
- Petitioner
- Venugopal Padayachi
- Respondent
- V. Pichaikaran(Dead) Through Lrs.
- Author
- Uday Umesh Lalit
- Bench
- Sanjay Kishan Kaul, Uday Umesh Lalit
Judgment text excerpt
The Supreme Court held that the High Court erred in allowing the appeal for redemption of mortgage based on the finding that the defendant's possession was based on 'some understanding' rather than the unregistered document dated 12.11.1960. The Court emphasized that the original plaintiff's mortgage deed dated 20.03.1959 was valid, and the defendant's claim of adverse possession was not substantiated as the document was unregistered and could not convey title. The Court reinstated the trial court's dismissal of the suit, affirming that the defendant had not perfected title by adverse possession under Section 27 of the Limitation Act, 1963.