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IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
PREM NARAYAN SINGH
Ranjeet Singh – Appellant
Versus
Radheshyam – Respondent
JUDGMENT :
PREM NARAYAN SINGH, J.
1. With consent of both the parties, the appeal is heard at motion stage.
2. This Second appeal under Section 100 of CIVIL PROCEDURE CODE , 1908 (for brevity, CPC ) has been filed by the appellant against the judgment and decree dated 24.07.2023 passed by District Judge, Depalpur, District Indore in Civil Suit No. RCA Nos.81/2021 and 85/2021 whereby the learned trial Court allowed the respondent no.1/plaintiff's appeal (RCA/85/2021), thereby declaring the usufructuary mortgage as redeemed and dismissed the appeal (RCA/81/2021) presented by the appellant/defendant, further ordered the appellants to vacate the suit land within two months.
3. The respondent no.1/plaintiff claims that in the year 2000, he had taken loan from the appellant/defendant on two occasions and after paying the entire amount taken, he asked for handing over the possession of the land. On this, the appellant/defendant refused to give the respondent no.1/plaintiff the possession of the land by telling that the amount of interest was still pending from the loan amount and taking advantage of the respondent no.1/plaintiff 's illiteracy, appellant/defendant made all calculations. On 29
The mortgagor's rights to reclaim land are automatic after six years under invalidated usufructuary mortgage agreements lacking specified terms, as per relevant statute provisions.
(1) Redemption of usufructuary mortgage – Defective counter claim of defendant would not take away statutory right to redeem usufructuary mortgage.(2) First appeal can be filed against decree and not....
In a usufructuary mortgage, the right to redeem does not extinguish after 30 years; it arises only upon payment of the mortgage money.
The court emphasized the importance of proving ownership and complying with the rules of non-joinder of parties and limitation in civil suits.
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.
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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