In Brief
A mortgagor filed suit to redeem a simple mortgage dated 1959 and recover possession of the mortgaged property. The mortgagee claimed he had taken possession under an unregistered document dated 1960 and acquired title by adverse possession. The trial court found the suit barred by limitation as it was filed more than twelve years after adverse possession commenced. The High Court wrongly interfered, based on an "understanding" between parties not supported by evidence. The Supreme Court held that once a mortgagee claims absolute ownership, his possession becomes adverse; if redemption is not sued within twelve years, the claim is barred. The trial court's judgment dismissing the suit was correct and upheld."
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