M.B.Kumar v. Bhojan
Case brief
What is this about?
Second appeals questioning title to mortgaged property. Court held sale by mother representing minors was valid. Payment of mortgage amount decades after foreclosure was a time-barred debt creating no title. Suit barred by limitation.
What did the court decide?
Second appeals dismissed; original judgment confirming dismissal of suit and confirming sale deeds is upheld.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Judgment Reserved on : 30.08.2019 Judgment Pronounced on : 12.09.2019
CORAM:
THE HONOURABLE MR. JUSTICE RMT.TEEKAA RAMAN
S.A.Nos.349 and 350 of 2001
M.B.Kumar .. Appellant/Respondent/Plaintiff in both S.As
1.Bhojan 2.J.Halen .. Respondents/Appellants/Defendants in both S.As
PRAYER in S.A.No.349 of 2001:This Second Appeal has been filed under Section 100 of C.P.C., against the judgment and decree dated 29.09.2000 made in A.S.No.3 of 2000 on the file of the Sub Court, Udagamandalam, reversing the judgment and decree in O.S.No.130 of 1997 dated 03.09.1998 on the file of the District Munsif Court, Coonur.
PRAYER in S.A.No.350 of 2001:This Second Appeal has been filed under Section 100 of C.P.C., against the judgment and decree dated 29.09.2000 made in A.S.No.20 of 2000 on the file of the Sub Court, Udagamandalam, reversing the judgment and decree in O.S.No.130 of 1997 dated 03.09.1998 on the file of the District Munsif Court, Coonur.
For Appellant :: Mr.N.Damodaran in both S.As For Respondents :: Mr.S.K.Rakhunathan in both S.As
Issues for consideration
3 issues framed by the court
Whether claim to title based on payment of mortgage amount after foreclosure constitutes a valid discharge of time-barred debt.
Whether sale of mortgaged property by minor's representative cures defects in minority conveyance.
Whether suit for declaration of title is barred by limitation on account of delay in filing after attaining majority.
Parties & counsel
- appellant
M.B.Kumar
- respondent
1.Bhojan
- respondent
J.Halen
Coram
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court