Case Note & Summary
The case involved a dispute over the redemption of a mortgage concerning property admeasuring 58 kanals 11 marlas. The original mortgage transaction was executed by predecessors of the parties, but the exact date was unknown to the plaintiffs. The respondents filed a suit for redemption on 30.12.1970, which was dismissed by the trial court and the First Appellate Court on the grounds of limitation. The High Court later allowed the second appeal, questioning the sustainability of the lower courts' findings and the relationship between the parties. The appellant contended that the High Court erred in its judgment regarding the limitation period, asserting that the date of mutation was not the same as the mortgage date. The respondents sought to introduce additional evidence to prove the mortgage date as 20.2.1913, which would place the suit within the limitation period. The court noted that the relationship between the parties as mortgagor and mortgagee was established, and the onus to prove limitation should have been on the defendants. The Supreme Court found merit in allowing the additional evidence, stating that the jurisdiction of the appellate court could be exercised to admit such evidence when necessary for judgment. The court set aside the High Court's judgment and remitted the matter back for the additional evidence to be considered, allowing the appeal.
Headnote
A) Limitation Law - Period of Limitation - Suit for Redemption of Mortgage - Limitation Act, 1963, Section 3 - The court addressed the question of limitation in a mortgage redemption suit, determining that the onus to prove limitation was incorrectly placed on the defendants. The court held that the respondents made a case for additional evidence to establish the mortgage date, which could affect the limitation period (Paras 9-12).
Issue of Consideration
What would be the period of limitation in a suit for redemption of mortgage?
Final Decision
The Supreme Court allowed the appeal, set aside the High Court's judgment, and remitted the matter back for consideration of additional evidence regarding the mortgage date.
Law Points
- Limitation period
- Mortgage redemption
- Additional evidence
- Jurisdiction
- Code of Civil Procedure
- 1908
