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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
S.SOUNTHAR
Saroja – Appellant
Versus
Thiagarajan – Respondent
| Table of Content |
|---|
| 1. title dispute over suit property. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. validity of usufructuary mortgage claim. (Para 7 , 8 , 9) |
| 3. limitation on redemption rights under mortgage. (Para 10 , 11) |
| 4. evidence supports dismissal of the plaintiff's claim. (Para 13 , 14) |
| 5. third defendant's rights limited as legal representative. (Para 15 , 16) |
| 6. additional evidence inadmissible due to ongoing appeal. (Para 17 , 18 , 19) |
| 7. final dismissal of the second appeal. (Para 20) |
JUDGMENT :
S. SOUNTHAR, J.
1. The third defendant, who is the daughter of the plaintiff and who was transposed as appellant in the first appeal in the place of the deceased plaintiff, is the appellant herein. The suit is for declaration of title and possession of the plaintiff over the suit property and for consequential injunction restraining the defendants from interfering with the plaintiff's possession over the suit property. The suit was dismissed by the trial Court and the findings of the trial Court were affirmed by the first appellate Court. Aggrieved by the concurrent findings, the appellant has come by way of this Second Appeal.
2. According to the plaintiff, the suit property originally belonged to one
The rights of a usufructuary mortgagee do not crystallize into a title without payment of the mortgage debt; thus, a suit for declaration is unsustainable once the right to redeem is extinguished.
In a usufructuary mortgage, the right to redeem does not extinguish after 30 years; it arises only upon payment of the mortgage money.
The central legal point established in the judgment is the requirement to prove possession in a claim for permanent injunction and the implications of Section 78 of the Transfer of Property Act on th....
The plaintiffs' suit was barred by law of limitation and estoppel, and the substantial questions of law raised by the plaintiffs were rejected.
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