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S. SOUNTHAR
V. Indra (Died) through her Power Agent Doctor V. Veluchamy – Appellant
Versus
G. Padmanabhan – Respondent
JUDGMENT :
S. SOUNTHAR, J.
Prayer: Second Appeal is filed under Section 100 of the Code of Civil Procedure against the judgment and decree, dated 11.06.2001, passed in A.S. No. 165 of 2001 on the file of Subordinate Judge, Aruppukkottai, confirming the judgment and decree, dated 14.06.2000, passed in unnumbered plaint of 2000 on the file of District Munsif Court, Aruppukkottai.
1. The plaintiff in the suit is the appellant. The suit was filed for redemption of usufructuary mortgage. The plaint was rejected by the trial Court on the ground of limitation. The appeal filed by the plaintiff was also dismissed by the first appellate Court, affirming the findings of the trial Court. Aggrieved by the same, the plaintiff is before this Court.
2. According to the appellant/plaintiff, the suit property originally belonged to one Kandasamy Panicker. The plaintiff and the defendants 1 to 6 were the persons claiming under the said Kandasamy Panicker. It was claimed by the plaintiff that Kandasamy Panicker executed a usufructuary mortgage deed in favour of one Nallathambi Panicker for a mortgage debt of Rs.500/-. As per the terms of the mortgage deed, the plaintiff was allowed to redeem the property
In usufructuary mortgages, the limitation for final decree applications starts only upon the deposit of the mortgage amount, not from the preliminary decree.
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 period for redemption starts not from the mortgage date but from the date payment is made, preserving the mortgagor's right until then.
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.
The intrinsic right of a mortgagor to redeem a property exists as long as the mortgage is active, and limitation periods only commence upon the mortgage debt being fully discharged.
Usufructuary mortgagor's right to recover possession restarts upon payment of mortgage money, distinguishing it from other mortgage types, and is not extinguished after 30 years.
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