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IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
PREM NARAYAN SINGH
Ranjeet Singh – Appellant
Versus
Radheshyam – Respondent
| Table of Content |
|---|
| 1. overview of the factual background regarding mortgage and possession claims. (Para 2 , 3 , 4 , 5) |
| 2. arguments presented by both parties regarding judgment errors. (Para 9) |
| 3. court's analysis of legal provisions regarding mortgage and possession. (Para 10 , 11 , 12 , 13 , 14 , 15 , 16) |
| 4. final decision to dismiss the second appeal. (Para 17) |
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 t
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....
No presumption of cultivating tenancy without statutory registration or proof; civil courts defer tenancy rights determination to specified authority.
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.
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