Case Note & Summary
The case involves a second appeal before the Bombay High Court arising from a suit for redemption of mortgage and possession filed by the respondents (plaintiffs) against the appellants (defendants). The suit property was mortgaged in 1947 by the original owner Sakharam to the predecessor-in-interest of the appellants. The respondents, claiming to be heirs of Sakharam, filed the suit in 1983 seeking redemption and possession. The trial court decreed the suit, and the first appellate court confirmed the decree. The appellants challenged the concurrent findings in the second appeal. The High Court examined the issue of limitation. It noted that the mortgage was executed in 1947, and the suit was filed in 1983, i.e., after 36 years. Under Article 61 of the Limitation Act, 1963, a suit for redemption must be filed within 30 years from the date the right to redeem accrues. The court held that the right to redeem accrued on the date of mortgage, and the suit was clearly barred by limitation. Additionally, the court considered the appellants' claim of adverse possession. It held that a mortgagee in possession can acquire title by adverse possession if the mortgagor fails to redeem within 12 years from the date of mortgage, as per Article 65 of the Limitation Act. Since the respondents failed to redeem within the prescribed period, the appellants had perfected their title by adverse possession. The High Court allowed the appeal, set aside the judgments of the lower courts, and dismissed the respondents' suit.
Headnote
A) Limitation Act - Mortgage Redemption - Article 61 - Suit for redemption of mortgage must be filed within 30 years from the date of accrual of right to redeem - In the present case, the mortgage was executed in 1947 and the suit was filed in 1983, beyond the limitation period - Held that the suit was barred by limitation (Paras 3-5). B) Adverse Possession - Mortgagee in Possession - Title by Adverse Possession - A mortgagee in possession can acquire title by adverse possession if the mortgagor fails to redeem within 12 years from the date of mortgage, as per Article 65 of the Limitation Act, 1963 - The appellants, as mortgagees in possession, have perfected their title by adverse possession - Held that the respondents' right to redeem is extinguished (Paras 4-6).
Issue of Consideration
Whether the respondents' suit for redemption of mortgage and possession was barred by limitation, and whether the appellants had acquired title by adverse possession.
Final Decision
The High Court allowed the appeal, set aside the judgments and decrees of the lower courts, and dismissed the respondents' suit for redemption of mortgage and possession.
Law Points
- Adverse possession
- Mortgage redemption
- Limitation
- Possessory title
- Article 61 Limitation Act
- 1963
