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1 - 6 of 6 (0.23 seconds)The Transfer Of Property Act, 1882
Article 144 in Constitution of India [Constitution]
Section 24 in The Limitation Act, 1963 [Entire Act]
The Limitation Act, 1963
Jibhaoo Harisingh Rajput vs Ajab Singh Fakira Rajput on 22 February, 1952
If it is shown by evidence that the oral transfer was intended to operate as a mortgage it would enable the debtor to claim adjustment of the debt; if however it appeared on evidence that the oral transfer was intended to operate as a sale then after the lapse of 12 years the alleged purchaser would be able to set up an adverse title and there would be no question of adjusting debts any longer,
In the case before Bavdekar J. it had been urged by the applicant that the original transaction was not one of a sale but that of a mortgage and that the property had been transferred to the creditor by way of security and Bavdekar J. thought that this allegation had to be examined and so he was disposed to give an opportunity to the parties to lead evidence in that behalf. Mr. Jahagirdar argues that the order of remand passed by Bavdekar J. and the reasons set out hy the learned Judge in support of this order are substantially inconsistent with the view taken by Rajadhyaksha and Vyas JJ. in 'Jibhaoos case (A), to which I have already referred.
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