Supreme Court of India

Prabhakaran and Ors. v. M. Azhagiripillai (dead) by Lrs. and Ors.

Neutral citation
Bench Arijlt Pasayat and R.V. Raveendran JJ.
Decided 20 March 2006
Status Disapproved

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

1 Supreme Court bench has cited this judgment.

What the Court ordered

In view of the above, this appeal is allowed as follows :- (a) The judgment of the High Court is set aside and the suit is F decreed, holding that the plaintiffs are entitled to a decree for redemption in regard to the suit property.

Judgment, page 20

From the headnote

i Limitation Act 1963-Sections, 18, 19, 27 and Article 6/(a)­ Acknowledgement-Fresh Period of Limitation-Usufructuary Mortgage­ Redemption of-Mor/gage of suit property under a usufructuary mortgage deed dt. 7.9.1935-Mortgagee assigning the mortgage in favour of assignee under registered deed dt. 12.2.1954 and delivering possession of suit property to him-Heirs of mortgagor filing suit against heirs of assignee for redemption of mortgage on 16.11.1981-Defendants laking plea of /imitation-Plaintiffs contending that in view of assignment dt.

Authorities it was built on

Where later benches applied it

Of those, 1 disapproved

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