Question

Limitation period prescribed in filing a suit by a mortgagor to recover possession of immoveable property mortgaged

• A. 20 years
• B. 12 years
• C. 10 years
• D. 30 years

Hint:

For limitation questions, remember the key periods for property-related suits: \begin{itemize} \item Suit for possession based on title: 12 years (Art. 65) \item Suit for redemption/recovery by mortgagor: 30 years (Art. 61a) \item Suit for foreclosure by mortgagee: 30 years (Art. 63a) \end{itemize}

Answer 1

The Correct Option is D

Step 1: Understanding the Concept:
The question asks for the specific period of limitation for a suit filed by a mortgagor (the person who mortgages the property) to get back possession of the mortgaged property. This is related to the right of redemption. The limitation periods for various types of suits are prescribed in the Schedule to the Limitation Act, 1963.
Step 2: Detailed Explanation:
We need to refer to the Schedule of the Limitation Act, 1963. \begin{itemize} \item Article 61 of the Schedule deals with suits by a mortgagor. \item Article 61(a) specifically provides the limitation period for a suit "By a mortgagor - to redeem or recover possession of immovable property mortgaged". \item The period of limitation prescribed under this article is Thirty years. The time from which the period begins to run is "When the right to redeem or to recover possession accrues." \end{itemize} In contrast, the period for a mortgagee to file a suit for foreclosure is also 30 years (Article 63a), while the period for a suit for possession of immovable property based on title is 12 years (Article 65).
Step 3: Final Answer:
The limitation period for a mortgagor to file a suit to recover possession of the mortgaged immovable property is 30 years.