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B. V. NAGARATHNA, R. MAHADEVAN
Dalip Singh (D) Through Lrs. – Appellant
Versus
Sawan Singh (D) Through Lrs. – Respondent
| Table of Content |
|---|
| 1. mortgage dispute and procedural history (Para 2 , 3 , 4 , 5 , 6 , 7) |
| 2. application of prior judicial principles on redemption (Para 8 , 9) |
| 3. respondents' argument for dismissal (Para 10 , 11) |
| 4. decision to dismiss appeal (Para 12 , 13 , 14 , 15) |
JUDGMENT :
We have heard learned senior counsel for the appellants and learned counsel for the respondents.
3. Aggrieved by the said judgment and decree, the respondents/defendants preferred first Appeal before Additional District Judge, Bhatinda in Civil Appeal No.107/R.T.-99 of 76/77 which was dismissed vide order dated 24.12.1980.
5. Aggrieved by the said judgment dated 18.09.2001, the petitioners/original plaintiffs preferred an appeal before this Court in Civil Appeal No.6084/2002. The said appeal was allowed, wherein vide order dated 16.04.2009, the case was remanded to the High Court of Punjab and Haryana on procedural grounds for re-adjudication as the High Court had failed to formulate substantial questions of law before allowing the appeal. Thereafter, after formulating substantial questions of law, the Punjab and Haryana High Court, in Regular Second Appeal No.1053/1981, again allowed the appeal vide order dated 25
In usufructuary mortgages, the limitation period for redemption starts not from the mortgage date but from the date payment is made, preserving the mortgagor's right until then.
In usufructuary mortgages, the limitation for redemption begins only upon payment of the mortgage debt, not upon the expiry of the redemption period.
The central legal point established in the judgment is the application of the old and new Limitation Acts in determining the period for redemption and the entitlement to the benefits under the Agricu....
A usufructuary mortgagor can redeem the mortgage at any time; the right is not extinguished by the passage of 30 years, as affirmed by the Supreme Court.
In a usufructuary mortgage, the right to redeem does not extinguish after 30 years; it arises only upon payment of the mortgage money.
In usufructuary mortgages, the limitation for final decree applications starts only upon the deposit of the mortgage amount, not from the preliminary decree.
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