Question

What is the period of limitation prescribed for the suit instituted by a mortgagor to recover possession of immoveable property mortgaged?

• A. 3 years
• B. 10 years
• C. 30 years
• D. 12 years

Hint:

For the Limitation Act, it's crucial to remember the limitation periods for common types of suits, such as suits based on contract (3 years), suits for possession of immovable property based on title (12 years), and suits for redemption or foreclosure (30 years).

Answer 1

The Correct Option is C

Step 1: Understanding the Concept:
The question asks for the limitation period for a suit by a mortgagor to recover possession of the mortgaged property. This type of suit is legally known as a suit for redemption.
Step 2: Key Formula or Approach:
The period of limitation for various suits is provided in the Schedule to the Limitation Act, 1963. We need to find the relevant article for a suit for redemption.
- Article 61 of the Schedule to the Limitation Act, 1963, deals with suits by a mortgagor.
- Article 61(a): "To redeem or recover possession of immovable property mortgaged."
- The period of limitation prescribed is Thirty years.
- The time from which the period begins to run is "When the right to redeem or to recover possession accrues."
Step 3: Detailed Explanation:
A mortgagor's right to get back his property after paying off the mortgage debt is called the right of redemption. A suit to enforce this right is a suit for redemption. According to Article 61 of the Limitation Act, the mortgagor has 30 years to file this suit from the date his right to redeem accrues.
Step 4: Final Answer:
The period of limitation is 30 years.