RADHA Vs. KISHAN LAL

JUDGEMENT

(1.) The controversy in appeal here is with regard to the starting point of limitation for a suit for redemption of mortgage.

(2.) On March 26, 1925, Himta Ram mortgaged 104 Bighas and 5 Biswas of land for Rs. 10,000/- to Gheru Ram. Later, by a subsequent mortgage Exhibit P. 5 of May 12, 1951, the successors-in-interest of Gheru Ram sold their mortgagee rights to Ram Karan. One set of defendants here are the successors-in- interest of the said Ram Karan. The plaintiffs, who are the successors-in- interest of the mortgagor Himta Ram, filed the present suit for redemption of the mortgage on May 11, 1981. If the starting point of limitation is taken to be the date of the original mortgage, that is, March 26, 1925, the suit would be clearly barred by time, but not so if the subsequent mortgage Exhibit P. 5 of May 12, 1951, is taken to be an acknowledgement of the mortgage in terms of Section 19 of the Limitation Act, 1963, so as to extend the period of limitation for the filing of the suit.

(3.) The law is well-settled as laid down by the Supreme Court in Shapoor Fredoom Mazda v. Durga Prosad Chamaria, 1961 AIR(SC) 1236, that the statement on which a plea of acknowledgement is based must relate to a subsisting liability. Words used in the acknowledgement must indicate the jural relationship between the parties and it must appear that such a statement is made with the intention of admitting that jural relationship.