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IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.PRATHEEP KUMAR
Pathumma, W/o Moorikuharmmanakath Syed – Appellant
Versus
Mohammedkutty, S/o. Moorikuharamankath Pathumma Umma – Respondent
ORDER :
C.PRATHEEP KUMAR, J.
The review petitioners are appellants 5 to 14 in A.S. No. 132 of 2003, on the file of this court. They are the legal heirs of the 2nd plaintiff in OS No. 79 of 1989, on the file of the Subordinate Judge's court, Tirur, who was the 1st appellant who died during the pendency of the appeal. The above suit was filed for partition of the suit property, having an extent of 66.5 cents. The respondents 1 to 10 in the review petition are defendants 2 and 4 and persons claiming under the 3rd defendant. Respondents 11 and 12 are the legal representatives of deceased appellant no. 3. Respondent Nos. 13 to 19 are the legal representatives of the deceased 2nd appellant, the 3rd plaintiff in the suit.
2. The plaint schedule property originally belonged to the father of the plaintiff and the 1st defendant. After the death of the father, the property was held by the plaintiff, his brother Bhavachi and mother Pathoma Umma, by virtue of the release deeds executed by the other siblings including the first defendant. Subsequently, mother Pathoma Umma, as per Ext.A3 released her right in the scheduled property in favour of the plaintiff and his brother Bhavachi. Accordingly, th
A mortgage's validity and limitation period must adhere strictly to stipulated terms in the mortgage documentation, with no extensions permitted under anomalous mortgages.
The legal principle establishes that a transfer by the mortgagee must exceed the mortgage interest to invoke limitation under the applicable statutes.
In usufructuary mortgages, the limitation for redemption begins only upon payment of the mortgage debt, not upon the expiry of the redemption period.
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.
Amendments to a suit relate back to the original filing date, but claims must still comply with limitation periods; a mortgage's nature determines the relationship of parties as debtor and creditor.
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.
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