SHAPOOR FREDOOM MAZDA Vs. DURGA PROSAD CHAMARIA
LAWS(SC)-1961-3-1
SUPREME COURT OF INDIA
Decided on March 01,1961

SHAPOOR FREDOOM MAZDA Appellant
VERSUS
DURGA PROSAD CHAMARIA Respondents


Referred Judgements :-

SWAMINATHA ODAYAR V. SUBBARAMA AYYAR [AFFIRMED]
MUNSHI LAL V. HIRA LAL [AFFIRMED]



Cited Judgements :-

MANISH ENGINEERING ENTERPRISES VS. INDIAN FARMERS FERTILIZER COOP. LTD [LAWS(ALL)-2021-12-167] [REFERRED TO]
GOVIND PRASAD DALMIA VS. WEST BENGAL STATE ELECTRICITY BOARD [LAWS(CAL)-2014-12-132] [REFERRED TO]
BAI SAKINABAI TAHERALI MOHAMADALI VS. GULAM RASUL UMARBHAI SHAIKH [LAWS(GJH)-1980-3-17] [REFERRED]
JAGDISH DUTT SAMNOL VS. RALLA RAM CHARANJI LAL [LAWS(HPH)-1994-1-12] [REFERRED TO]
TATA MOTORS LIMITED VS. OM SAI MOTORS PRIVATE LIMITED [LAWS(BOM)-2018-1-235] [REFERRED TO]
IN RE: REUNION ELECTRICAL MFRS. (P.) LTD VS. STATE [LAWS(BOM)-2006-3-226] [REFERRED TO]
DAYA CHAND UTTAM CHAND PRAKASH JAIN VS. SANTOSH DEVI SHARMA [LAWS(DLH)-1997-3-80] [REFERRED]
GUNDABAI alias SARASWATIBAI VS. RAMANGOUDA MALLANGOUDA PATIL [LAWS(KAR)-1971-4-6] [REFERRED TO]
KALPANA TRADING CO COIMBATORE VS. EXECUTIVE OFFICER TOWN PANCHAYAT TIRUCHIRAPALLI [LAWS(MAD)-1999-2-58] [REFERRED TO]
DAINIK FINANCE AND CHIT FUND CO P LTD VS. AGRICULTURAL INDUSTRIES [LAWS(P&H)-1983-10-6] [REFERRED TO]
VASUDEVAN VS. MANOHARAN [LAWS(KER)-2002-12-29] [REFERRED TO]
M MAHADEVAN PILLAI VS. VEDAVALLI AMMAL [LAWS(MAD)-1991-6-5] [REFERRED TO]
SUMIT SINGLA VS. KALA MANDIR SAREES AND JEWELLERS [LAWS(P&H)-2022-8-163] [REFERRED TO]
RELIANCE ASSET RECONSTRUCTION COMPANY LTD. VS. HOTEL POONJA INTERNATIONAL PVT. LTD. [LAWS(SC)-2021-1-81] [REFERRED TO]
TRANSCHEM LIMITED VS. CHOURARIA WIRE NETTING INDUSTRIES [LAWS(MAD)-2010-4-4] [REFERRED TO]
PRABHAKARAN VS. M AZHAGIR PILLAI [LAWS(SC)-2006-3-21] [RELIED ON]
VIJAY TRACTORS CORPORATION VS. HARYANA AGRO INDUSTRIES CORPORATION [LAWS(P&H)-2005-10-15] [REFERRED TO]
SIDDARTH AUTOMOBILES LTD VS. ASHOK LEYLAND FINANCE LTD [LAWS(CAL)-2007-8-5] [REFERRED TO]
UNION OF INDIA VS. MOTIRAM RATANCHAND [LAWS(GAU)-1983-10-5] [REFERRED TO]
JYOTIRMOY DEB BURMAN VS. NATIONAL AVIATION CO OF INDIA LTD [LAWS(GAU)-2010-9-100] [REFERRED]
UNION BANK OF INDIA VS. SURESH BHAILAL MEHTA [LAWS(GJH)-1996-4-19] [REFERRED TO]
RAGHUNATHSINGH VS. NANALAL [LAWS(MPH)-1990-7-5] [REFERRED TO]
RAJPATI PRASAD VS. KAUSHALYA KUER [LAWS(PAT)-1980-8-4] [REFERRED TO]
DENA BANK (NOW BANK OF BARODA) VS. C. SHIVAKUMAR REDDY [LAWS(SC)-2021-8-7] [REFERRED TO]
OPG POWER GENERATION PRIVATE LIMITED VS. ENEXIO POWER COOLING SOLUTIONS INDIA PRIVATE LIMITED [LAWS(SC)-2024-9-52] [REFERRED TO]
NARINDER SINGH VS. ARJAN SINGH [LAWS(P&H)-1982-1-5] [REFERRED TO]
IMAGES CONSUMER MEDIA PVT LTD VS. HORSE SHOE RETAIL HOLDING PVT LTD [LAWS(DLH)-2018-10-531] [REFERRED TO]
ALLIANCE PAINTS AND VARNISH WORKS PVT. LTD VS. HARI KISHAN GUPTA [LAWS(DLH)-2010-2-342] [REFERRED TO]
MS HANSA VISION PVT LTD VS. MS DABUR (INDIA) LIMITED [LAWS(DLH)-2010-2-549] [REFERRED]
ABDUL RAHIM VS. AHMAD ALI [LAWS(ALL)-1963-5-8] [REFERRED TO]
CONCEPT COMMUNICATION LTD VS. RAVISH INFUSIONS LTD [LAWS(BOM)-2004-3-195] [REFERRED TO]
UNION OF INDIA VS. AHMAD DIN [LAWS(DLH)-1973-4-10] [REFERRED 2.]
VIJAYA KUMAR MACHINERY AND ELECTRICAL STORES VS. ALAPARTHI LAKSHMIKANTHAMMA [LAWS(APH)-1968-1-7] [REFERRED TO]
ELECTRO FLAME LIMITED VS. MITTAL IRON FOUNDRY PRIVATE LIMITED [LAWS(APH)-1998-2-17] [REFERRED TO]
KERALA STATE FINANCIAL ENTERPRISES LIMITED VS. SYAMALA T , D/O THANKAKKA [LAWS(KER)-2018-6-152] [REFERRED TO]
INDIAN COTTON MILLS FEDERATION EXPORT INCENTIVE DEPARTMENT VS. TRANSWORLD TRADING CORPORATION [LAWS(MAD)-1999-3-60] [REFERRED TO]
V S Manickasundaram VS. V S Ramalinga Gounder [LAWS(MAD)-2004-3-311] [REFERRED TO]
ZORA SINGH VS. BUDH RAM AND OTHERS [LAWS(P&H)-1976-1-19] [REFERRED TO]
M/S. RELIANCE ASSET RECONSTRUCTION COMPANY LTD VS. M/S HOTEL POONJA INTERNATIONAL PVT. LTD [LAWS(SC)-2021-10-57] [REFERRED TO]
PUNJAB NATIONAL BANK VS. K L MALHOTRA [LAWS(P&H)-1995-2-16] [REFERRED TO]
FOOD CORPN OF INDIA VS. ASSAM STATE CO OPERATIVE MARKETING CONSUMER FERDERATION LTD [LAWS(SC)-2004-10-104] [RELIED ON.]
BANSILAL VS. LAL CHAND [LAWS(RAJ)-1962-7-5] [REFERRED TO]
AMAR CHANDRA CHAKRABORTY VS. STATE OF TRIPURA [LAWS(GAU)-1995-10-5] [REFERRED TO]
SHREERAM DURGAPRASAD VS. SIAL SOAP STONE FACTORY AND OTHERS [LAWS(BOM)-1980-12-31] [REFERRED TO]
LAMICOAT INT P LTD VS. GALORE PRINTS INDUSTRIES LTD [LAWS(DLH)-2012-8-251] [REFERRED TO]
LACHHMI RAM VS. KIRPA NAND [LAWS(HPH)-2007-9-2] [REFERRED TO]
M/S. PREMIER ENGINEERING VS. M/S. FOREST INDUSTRIES AND ALLIED PRODUCTS [LAWS(KER)-1985-7-73] [REFERRED TO]
S. SETHURAMAN VS. UNION OF INDIA (UOI) OWNING THE SOUTHERN RAILWAY [LAWS(MAD)-1970-3-43] [REFERRED TO]
MRS FLORENCE MISRA AND ORS VS. DAULAT RAM [LAWS(ALL)-1967-11-9] [REFERRED TO]
STATE OF U P VS. AMAR NATH BHARGAVA [LAWS(ALL)-1984-5-24] [REFERRED TO]
Concept Communication LTD VS. Ravish Infusions Ltd [LAWS(BOM)-2004-2-107] [REFERRED TO]
SADIQ SUHEEL VS. UNION OF INDIA [LAWS(KAR)-1970-8-27] [REFERRED TO]
K S V CHARIE VS. STATE BANK OF INDIA MAIN BRANCH KAKINADA EAST GODAVARI DISTRICT [LAWS(APH)-1996-6-60] [REFERRED TO]
MITTAL IRON FOUNDRY P LTD VS. ELEKTRO FLAME LIMITED [LAWS(APH)-1999-8-162] [REFERRED TO]
SHARDA STEEL CORPORATION VS. MONTANA INFRASTRUCTURE LTD [LAWS(GJH)-2011-6-123] [REFERRED TO]
K SUBRAMANIAM NAIDU VS. T N RAJENDRAN [LAWS(MAD)-1999-3-50] [REFERRED TO]
PONNAMMAL VS. M.HARIKRISHNAN [LAWS(MAD)-2013-6-204] [REFERRED TO]
A S K KRISHNAPPA CHETTIAR C T C T CHIDAMBARAM CHETTIAR SOMASUNDARAM ALIAS NACHIAPPA CHATTIA VR A U UMAYAL ACHI VS. S V V SOMIAH NAVNIAPPA CHETTIAR:N SV V NACHIAPPA CHETTIAR:N SV V NACHIAPPA CHETTIAR:S V V SOMIAH NAVNIAPPA CHETTIAR [LAWS(SC)-1963-3-24] [DISTINGUISHED]
UNION OF INDIA VS. HARI NAGAR SUGAR MILLSLTD [LAWS(PAT)-1967-7-14] [REFERRED TO]
BAIDYANATH MANDAL VS. COAL PURCHASE AND INSPECTION AGENCY P LTD [LAWS(PAT)-1970-5-12] [REFERRED TO]
KOTAK MAHINDRA BANK LIMITED VS. KEW PRECISION PARTS PRIVATE LIMITED [LAWS(SC)-2022-8-23] [REFERRED TO]
SAMDU ETC. VS. SUBHAN KHAN ETC. [LAWS(P&H)-1971-11-11] [REFERRED TO]
ENNORE PORT TRUST CHENNAI VS. HCC VAN OORD ACZ JOINT VENTURE HINCON HOUSE LBS MARG VIKHROLI WEST MUMBAI [LAWS(MAD)-2009-8-245] [REFERRED TO]
VARIETY SUPPLY AGENCY VS. W B STATE ELECTRICITY BOARD [LAWS(CAL)-1992-2-43] [REFERRED TO]
KIDDE INDIA VS. NTPC [LAWS(DLH)-2019-3-51] [REFERRED TO]
BALBIR RAJPUT VS. R.P.EXPORTS [LAWS(DLH)-2020-3-39] [REFERRED TO]
ADIVELU VS. NARAYANACHARI [LAWS(KAR)-2004-12-6] [REFERRED TO]
STATE BANK OF INDIA VS. B M S ENGINEERING WORKS PVT LTD [LAWS(CAL)-1980-12-12] [REFERRED TO]
DEEPAK MEHTA VS. YASHI MULTIMEDIA PVT. LTD [LAWS(DLH)-2014-4-80] [REFERRED TO]
GOVINDA PILLAI VS. PARAMESWARAN PILLAI [LAWS(KER)-1961-10-49] [REFERRED TO]
EAPEN PANICKER VS. KRISHNA PANICKER [LAWS(KER)-1969-2-20] [REFERRED TO]
M/S. JETHMAL MULJI THAKKAR VS. MAHARASHTRA STATE COOPERATIVE MARKETING FEDERATION LTD. [LAWS(BOM)-2017-2-258] [REFERRED TO]
Bharat Heavy Electricals LTD VS. Dowel Erectors [LAWS(MAD)-2004-12-69] [REFERRED TO]
NAURANG SINGH VS. JANGIR SINGH [LAWS(P&H)-1984-12-8] [REFERRED TO]
VIMLA PRADHAN VS. UNITED COMMERCIAL BANK [LAWS(MPH)-1989-7-21] [REFERRED TO]
C. VEERABAHU PATTAR VS. P. ESWARA PILLAI [LAWS(MAD)-1974-3-11] [REFERRED TO.]
ASSET RECONSTRUCTION COMPANY (INDIA) LIMITED VS. TULIP STAR HOTELS LIMITED [LAWS(SC)-2022-8-5] [REFERRED TO]
M/S. METEC DESIGN AND CONSTRUCTION ENGINEERS INDIA PVT. LTD. VS. M/S. EAST COAST CONSTRUCTION AND INDUSTRIAL LTD. [LAWS(MAD)-2020-11-12] [REFERRED TO]
Mc Nally Bharat Engineering Co LTD VS. Benoy Krishna Bose [LAWS(CAL)-2001-10-5] [REFERRED TO]
RAJIV KHANNA VS. M/S SUNRISE FREIGHT FORWARDERS PVT LTD & ANR [LAWS(DLH)-2016-5-173] [REFERRED TO]
UNION OF INDIA (UOI) VS. RAM KUMAR MAHABIR PRASAD [LAWS(GAU)-1989-12-11] [REFERRED TO]
JAIN MOTOR COMPANY PVT LTD VS. MAHARASHTRA STATE ROAD TRANSPORT CORPN [LAWS(DLH)-2011-2-103] [REFERRED TO]
I K MERCHANTS & ANR VS. STATE OF RAJASTHAN & ORS [LAWS(CAL)-2012-8-217] [REFERRED]
AJAY N GORGI VS. T S PAREKH & ORS [LAWS(BOM)-2007-4-314] [REFERRED]
SYNDICATE BANK VS. POLYNET INDUSTRIES AND ORS. [LAWS(DLH)-1992-3-66] [REFERRED TO]
BHARAT B AND D MFG CO PVT LTD VS. H P CORPN LTD [LAWS(BOM)-1988-7-20] [REFERRED TO]
PUNJAB NATIONAL BANK VS. SWARAN KAUR [LAWS(HPH)-1998-1-7] [REFERRED TO]
OFFICIAL RECEIVER GUNTUR VS. CANARA INDUSTRIAL BANKING SYNDICATE UDIPI [LAWS(APH)-1974-4-18] [REFERRED TO]
KESAVAN NAMBOODIRI VS. B.S. RADHAKRISHNAN [LAWS(KER)-2018-12-173] [REFERRED TO]
TAMIL NADU STATE CONSTRUCTION CORPORATION LTD VS. GARDNER LANDSCAPE PVT LTD [LAWS(MAD)-2005-1-9] [REFERRED TO]
INDIAN HUME PIPE CO LTD VS. MYSORE STATE ELECTRICITY BOARD [LAWS(KAR)-1977-3-32] [REFERRED TO]
R. MADESH VS. M. RATHINAM [LAWS(MAD)-2015-2-379] [REFERRED TO]
RAJENDRA PRASAD VS. GAYA PRASAD SAH [LAWS(PAT)-1975-3-10] [REFERRED TO]
CENTRALCOALFIELDSLTD VS. NAWAJIWAN TRADING COMPANY [LAWS(PAT)-1991-4-3] [REFERRRED TO]
BHAI SIRI RAM SINGH VS. S SANTOKH SINGH [LAWS(P&H)-1962-5-2] [REFERRED TO]
J C BUDHRAJA VS. CHAIRMAN ORISSA MINING CORPORATIONLTD [LAWS(SC)-2008-1-6] [REFERRED TO]
BABULAL RUKMANAND VS. OFFICIAL LIQUIDATOR BHARATPUR OIL MILLS PRIVATE LTD [LAWS(RAJ)-1967-12-15] [REFERRED TO]
AYUB ALI VS. THE STATE OF TRIPURA AND ORS. [LAWS(TRIP)-2015-9-23] [REFERRED TO]
UNION OF INDIA VS. MONORANJAN MONDAL [LAWS(CAL)-2006-12-96] [REFERRED TO]
EMPIRE HOME APPLIANCES PRIVATE LIMITED VS. M/S SURAJ ENTERPRISES [LAWS(DLH)-2016-5-274] [REFERRED TO]
NATHURAM GUPTA VS. MOHD.HUSSAIN [LAWS(CHH)-2021-3-52] [REFERRED TO]
UNION OF INDIA VS. DINA NATH [LAWS(DLH)-1970-4-1] [REFERRED TO]
STATE OF PUNJAB VS. V S KUMAR AND COMPANY [LAWS(DLH)-1971-4-30] [REFERRED]
SANJAY GUPTA VS. VINOD KUMAR GUPTA [LAWS(DLH)-1995-8-72] [REFERRED]
HANSA INDUSTRIES P LIMITED VS. MMTC LTD [LAWS(DLH)-2004-7-42] [REFERRED TO]
COLOR COATS SULTAN BAZAR HYDERABAD VS. VENKATARAMANA HOTELS LTD [LAWS(APH)-1998-2-81] [REFERRED TO]
S A SHANMUGAM VS. P V S BALUSAMY CHETTIAR [LAWS(MAD)-2001-1-109] [REFERRED TO]
GITA RAM VS. KANWAR LAL AMOL SINGH AND OTHERS [LAWS(P&H)-1976-1-26] [REFERRED TO]
MICHAEL HART VS. NINESTARS INFORMATION TECHNOLOGIES LTD [LAWS(MAD)-2013-4-208] [REFERRED TO]
NALLATHAMBI NADAR CHELLAKANNU NADAR VS. AMMAL NADACHI CHELLATHANKOM NADACHI [LAWS(MAD)-1963-7-42] [REFERRED TO]
R S SWAMI RAO VS. T K KUMARASWAMY [LAWS(MAD)-1993-9-41] [REFERRED TO]
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ATMA STEEL LIMITED VS. HARVEER SINGH [LAWS(NCD)-2024-9-11] [REFERRED TO]
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SANGAT SINGH AND OTHERS VS. STATE OF HARYANA AND OTHERS [LAWS(P&H)-2004-10-94] [REFERRED TO]
BHILAI WIRES LTD VS. BHARAT SANCHAR NIGAM LTD [LAWS(CAL)-2010-6-56] [REFERRED TO]
HANSA VISION PVT. LTD VS. DABUR (INDIA) LIMITED [LAWS(DLH)-2010-2-291] [REFERRED TO]
FUNDABAI ALIAS SARASWATHIBAI VS. RAMANAGOUDA MALLANAGOUDA PATIL [LAWS(KAR)-1971-4-4] [REFERRED TO]
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BELCOM JV VS. MMTC LTD. [LAWS(DLH)-2015-12-309] [REFERRED TO]
RANBIR SINGH VS. GITA RAM [LAWS(HPH)-1992-3-3] [REFERRED TO]
KOCHAPPU ALIAS DEVASSY VS. KAKKU [LAWS(KER)-1972-9-28] [REFERRED TO]
VIJAYARAGHAVAN VS. JOSEPH [LAWS(KER)-1979-8-20] [REFERRED TO]
VIJAYALAKSHMI VS. HARI HARA GINNING AND PRESSING NANDIGAON [LAWS(APH)-1999-3-49] [REFERRED TO]
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CHANDERPATI ALIAS KASTURI MAHAJAN VS. MAMAN CHAND [LAWS(P&H)-1995-11-36] [REFERRED TO]
FOOD CORPORATION OF INDIA VS. ASSAM STATE CO OPERATIVE MARKETING AND CONSUMERS FEDERATIONLTD [LAWS(SC)-2004-10-103] [REFERRED TO]
Bank of Baroda, Indore VS. Krishna Gopal Kakani [LAWS(MPH)-2001-3-92] [REFERRED TO]


JUDGEMENT

- (1.)This appeal arises from a suit filed by respondent 1 Durga Prosad Chamaria against respondent 2 the heirs of John Carapiet Galstaun and others in which he sought to recover Rs. 4,64,213-5-3 on the mortgages in suit. He had prayed for a preliminary mortgage decree according to O.XXXIV, R. 4 of the Code of Civil Procedure and had asked for the appointment of a receiver in that behalf. The said mortgages were created by delivery of documents of title to immovable properties by the mortgagor John Carapiet Galstanu who died pending the suit. The properties motgaged consisted of three items all of which are situated in Calcutta. These items are 24, Amratolla Lane, 96, Karaya Road and premises 167/1 and 167/5 Dhurrumtoall Street (Chandni Bazar). In the present appeal we are concerned with premises 167/1. Respondent 1's case was that he had advanced several amounts on seven different occasions to the mortgagor between August 2, 1926, and November 27, 1931. According to the terms of the transaction no specific time for payment of the mortgage dues had been fixed, and it was agreed that the monies advanced would become due and be repaid on demand being actually made by the mortgagee. With this plea we are not concerned in the present appeal. It was further pleaded by the mortgagee that the mortgagor had acknowledgment his liability of the mortgagee's claim by letters of March 5, 1902, and February 17, 1943, which were signed by him. It is on strength of these acknowledgments that the mortgagee purported to bring his claim within time the suit having been filed on May 18, 1944.
(2.)Pending the suit the appellant was added as a party defendant on August 23, 1944. By this application made by respondent 1 in that behalf it was alleged that the appellant had become the auction purchaser of premises 165/1 at a sale held by the Sheriff of Calcutta on May 3, 1944, in execution of a decree passed in Suit No. 2356 of 1931 by the Calcutta High Court with notice of mortgage in favour of respondent 1. Since the said sale had been confirmed on July 6, 1944, the appellant had became a necessary party to the suit. That is how the appellant became a party to the proceedings and was interested like the mortgagor in disputing the validity of the claim made by respondent 1.
(3.)The principal issue which arose between the parties in the suit was one of limitation. It was not seriously disputed that the letter written by the mortgagor on February 17, 1943, amounted to an acknowledgment and it helped to bring within time respondent 1's claim in respect of the last advance of Rs. 2,500/- made on November 27, 1931. Respondent 1's case that the earlier letter of march 5, 1932 amounted to a acknowledgment was, however, seriously disputed by the appellant. If this letter is held to amount to a valid acknowledgment two items of consideration pleaded by respondent 1 would be within time; they are Rs. 20,000/- and Rs. 35,000/- advanced on the same day, September 10, 1926. Mr. Justice Banerjee, who tried the suit on the Original Side of the Calcutta High Court, held that the letter in question did not amount to an acknowledgment, and so he found that only the last item of Rs. 2,500/- was in time. In the result he passed a decree for Rs. 5,000/- only in favour of respondent 1.


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