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Supreme Court Of India

(From : 1999 (2) Mad LJ 385)

Hon'ble Judge(s): Arijit Pasayat, C. K. Thakker , JJ

Specific Relief Act (47 of 1963) , S.34— Transfer of Property Act (4 of 1882) , S.60— Limitation Act (36 of 1963) , Art.61— Suit for declaration of title and possession - Tenability - Mortgage to secure repayment of loan given under Pro note - Property under mortgage sold by mortgagor to plaintiff - Property subsequently purchased by mortgagee in execution of money decree passed against mortgagor in respect of some other loan - Suit filed by plaintiff purchaser against mortgagee for declaration and possession - Not tenable as he claims through mortgagor - Mortgagee after purchase in execution becomes owner or at least his possession becomes adverse to owner - Since suit was filed 12 years after purchase - It was also barred by Art. 61 of Limitation Act. 1999 (2) Mad LJ 385, Reversed. The original owner of property had mortgaged the disputed property in favour of defendant to secure repayment of loan advanced under pro note. The original owner sold part of the property to the plaintiff when the property was in possession of defendant mortgagee. The defendant had also advanced some amount under different pro note to original owner. Since the amount under that pro note was not repaid the defendant filed Small Cause Suit for recovery of money due and a decree was passed against original owner. In execution proceedings, the suit property was sold b....