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    <title>1979 (8) TMI 210 - Supreme Court</title>
    <link>https://www.taxtmi.com/caselaws?id=180108</link>
    <description>Release deeds recording that mortgage debts were extinguished by payment do not acknowledge a subsisting liability for limitation purposes, because an acknowledgement must admit an existing liability. Where the Transfer of Property Act does not apply, a co-mortgagor redeeming the entire mortgage is equitably subrogated to the mortgagee&#039;s rights to obtain contribution, while a non-redeeming co-mortgagor may redeem that share and recover possession upon paying the proportionate liability. That equitable right continues only while the redeeming co-mortgagor&#039;s contribution right survives. Limitation runs, at the latest, from redemption; the claim was time-barred because it was brought beyond the applicable periods.</description>
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    <pubDate>Fri, 24 Aug 1979 00:00:00 +0530</pubDate>
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      <title>1979 (8) TMI 210 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=180108</link>
      <description>Release deeds recording that mortgage debts were extinguished by payment do not acknowledge a subsisting liability for limitation purposes, because an acknowledgement must admit an existing liability. Where the Transfer of Property Act does not apply, a co-mortgagor redeeming the entire mortgage is equitably subrogated to the mortgagee&#039;s rights to obtain contribution, while a non-redeeming co-mortgagor may redeem that share and recover possession upon paying the proportionate liability. That equitable right continues only while the redeeming co-mortgagor&#039;s contribution right survives. Limitation runs, at the latest, from redemption; the claim was time-barred because it was brought beyond the applicable periods.</description>
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      <pubDate>Fri, 24 Aug 1979 00:00:00 +0530</pubDate>
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