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ALLAH WADHAYA versus ALLAH LOK


The 60-year limitation period provided under Article 148 of the Section 60 Limitation Act (Article IX of 1908), Article 148 of the Mortgage Repayment Act, will begin to run from the same date as redemption or recovery of the mortgaged property. Get the right There was mention of a fixed period for payment or acquisition of mortgages in the mortgage work; the mortgage could not be redeemed even before the expiry of the mortgage, there was no such mortgage to redeem the mortgage. In the absence of a condition, the right to sue can only arise at the expiration of the legal term. The period of sixty years in which there was nothing recorded to show that any date for the payment of mortgage money was fixed in the original mortgage process, the period under Article 148 of the Limitation Act 1908 began to run. Yes, in the present case the mortgage was executed. Failure to redeem possession despite an expiry of sixty years, the trial court properly said that the mortgage was left and after the sixty-year break, the mortgaged property owners and the appellate court were unlawful in reversing the trial court's findings. And material irregularities were formed because the principle of equity and good conscience could not be applied due to the fact that time was a major factor in this matter.

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