K. Kannan, J.

CM No.8109-C of 2011 in RSA No.2628 of 1982

Application for impleadment of legal representatives of respondent No.7 is allowed. Registry to carry out necessary amendment in the memo of parties.

I. Common point of law – Issue of limitation for redemption of usufructuary mortgage

1. All the above cases evoke a common question of law, namely, the starting point for the limitation for institution of suit for redemption of use of a decree of mortgage. In some cases, the suits have been at the instance of mortgagees seeking for declaration that the property had become vested in them, since the mortgagors have not redeemed the mortgage within time. The issue would all be considered on a single approach of whether there is any bar for a mortgagor or a successor-in-interest to claim a redemption or recovery of possession to the property held by a mortgagee or a successor. With an express provision like Article 61 of the Limitation Act, 1963 that spells a period of limitation, the answer would seem obvious that there does exist a period of limitation but the controversy surrounds on understanding the starting point of limitation. The question would rather be how to asse