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Markunday and ors. Vs. Mahabir Pandey and ors. - Court Judgment

LegalCrystal Citation
CourtAllahabad
Decided On
Judge
Reported in110Ind.Cas.560
AppellantMarkunday and ors.
RespondentMahabir Pandey and ors.
Cases ReferredAnwar Husain v. Lalmir Khan
Excerpt:
limitation act (ix of 1908), section 20 - suit for redemption of usufructuary mortgage--limitation--applicability of section 20. - - the point is well-settled and is covered by several authorities of this court, and cannot be entertained.this appeal arises out of a suit for redemption of a mortgage which is more than 60 years old. there was no time fixed for payment in the deed, and it is admitted that the suit was brought more than 60 years afterwards. the only ground on which it was brought to bring the suit within limitation was by contending that the provisions of section 20 of the limitation act were applicable to the case, and the receipt of profits by the mortgagee gave the mortgagor a fresh start.if this contention were to be accepted, there would never be any limitation in a suit for redemption of a usufructuary mortgage. the point is well-settled and is covered by several authorities of this court, and cannot be entertained. anwar husain v. lalmir khan 23 a. 167; a.w.n. (1903) 223.the appeal is dismissed.
Judgment:

This appeal arises out of a suit for redemption of a mortgage which is more than 60 years old. There was no time fixed for payment in the deed, and it is admitted that the suit was brought more than 60 years afterwards. The only ground on which it was brought to bring the suit within limitation was by contending that the provisions of Section 20 of the Limitation Act were applicable to the case, and the receipt of profits by the mortgagee gave the mortgagor a fresh start.

If this contention were to be accepted, there would never be any limitation in a suit for redemption of a usufructuary mortgage. The point is well-settled and is covered by several authorities of this Court, and cannot be entertained. Anwar Husain v. Lalmir Khan 23 A. 167; A.W.N. (1903) 223.

The appeal is dismissed.


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