Karnataka Court January 1957 Judgments

Gaviya and anr. Vs. Lingiah

Court: Karnataka

Reported in: AIR1957Kant65; AIR1957Mys65; ILR1957KAR1; (1957)35MysLJ110

1. This appeal has been referred to a Division Bench as the learned Judge who heard it felt that the question of limitation involved for decision is of importance and has to be settled in the light of the conflicting rulings about it in 47 Mys HCR 337 (A) and Sundararaja-char v. Vartakavardhini Bank, Ltd., 52 Mys HCR 118 (B) and the view of the Full Bench sought for in It. A. No. 20 of 50-51 (Mys.) (C). These cases were concerned with the starting point of limitation for enforcing a claim of a co-mortgagor for reimbursement from other mortgagors or monies paid in excess of what is due by him to discharge a mortgage.The observations in one of the cases lend support to the construction that the period of limitation is to be reckoned from the date of the mortgage and not from the date of payment but the Full Bench held otherwise. 2. The suit from which the present appeal arises is not that of a co-mortgagor but by a person who is a purchaser of the mortgaged property from one who had no r...