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TRIBHUVAN DAHIYA
Kahan Singh (deceased) Through Lrs – Appellant
Versus
Gurdip Singh – Respondent
JUDGMENT
Tribhuvan Dahiya, J. - This is defendants' appeal against the concurrent findings of both the Courts below.
2. The facts of the case in brief are that proforma respondents- defendants No.4 and 5 being owners of the suit land, i.e., agricultural land measuring 61 kanal 7 marlas, mortgaged it with the respondents-plaintiffs No.1 and 2 (hereinafter, referred to as 'plaintiffs') for a sum of Rs. 4,500 on 17.10.1951. They later sold the suit land to appellants-defendants No.1 to 3 (hereinafter, referred to as 'defendants'). The possession, however, remained with the plaintiffs as being mortgagees. It was pleaded, as the mortgage in question was not redeemed by the original mortgagors or their vendees/defendants within the prescribed limitation period of 30 years, the plaintiffs had become full-fledged owners of the suit land by efflux of time; therefore, declaration to that effect be issued.
3. Defendants contested the suit by admitting that respondents No.4 and 5, original owners of the suit land, sold it to them on 15.06.1956 for a sum of Rs. 4,500. They, accordingly, became owners in possession of the land. The encumbrance on the land was got removed on payment of mortgage amou
The inapplicability of the 30-year limitation period for redeeming a usufructuary mortgage and the inability of a usufructuary mortgagee to file a suit for declaration claiming ownership of the mortg....
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.
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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