Supreme Court of India

Tilak Ram v Nathu

AIR 1967 SC 93519671 min read
The case in brief30-second read
Facts
In a suit for redemption of a mortgage, the plaintiffs relied on documents that recited the existence of the mortgage as acknowledgments extending limitation.
Issue
Whether the recitals amounted to an acknowledgment under S.19 of the Limitation Act 1908.
Held
A mere recital of a mortgage is not an acknowledgment. There must be a conscious admission of a subsisting liability, here the mortgagee's liability to be redeemed. The documents did not do that, so the suit was time-barred.
Principle
An acknowledgment must admit a subsisting liability; describing a past transaction is not enough.
Cite this

Facts

  • In a suit for redemption of a mortgage, the plaintiffs relied on documents that recited the existence of the mortgage as acknowledgments extending limitation.

Issue

  1. Whether the recitals amounted to an acknowledgment under S.19 of the Limitation Act 1908.

Held

  • A mere recital of a mortgage is not an acknowledgment. There must be a conscious admission of a subsisting liability, here the mortgagee's liability to be redeemed. The documents did not do that, so the suit was time-barred.

Cite this

Citation

Tilak Ram v Nathu AIR 1967 SC 935

Reported: https://indiankanoon.org/doc/968885/. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.