ER (Fort William (Bengal)) A usufructuary mortgage, to run over a certain number of years, was executed in 1828 by a member of a joint Hindoo family, with the consent of the other members, to R., who afterwards sold the mortgaged estate to H. and H, whose Agent R. was. H. and If. subsequently, in 1811 and 2851, conveyed the estate tn, G. and Co., as an absolute purchaser in fee. In a suit for redemption of the mortgage brought in 1864 G and Co. set up as a defence their title as bona fide Purchasers without notice, and, having been in possession more than twelve years, pleaded the Limitation of suits Act, NO. XIV of 1859, sect. 6, as a bar to the suit. Held : First, that the onus was on G and Co. to establish by clear and satiefactory evidence the termination of the mortgage and the absolute sale by the mortgagees to R . the root of their title; and, in the absence of such proof, that the transaction in 1841 and 1851 was merely an assignment of the mortgage and, Secondly in the circumstances that G and Co were not Purchasers within the true construction of section 5 of Act No XIV of 1859, to entitle them to the benefit of the twelve years’ limitation as a bar to the suit for redemption.
Citations:
[1871] EngR 1, (1871) 14 Moo Ind App 1, (1871) 20 ER 687, [1871] UKPC 2
Links:
Jurisdiction:
England and Wales
Land, Commonwealth
Updated: 22 July 2022; Ref: scu.280182