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SUPREME COURT OF INDIA
KURIAN JOSEPH, ROHINTON FALI NARIMAN, JJ.
Mohan Lal – Appellant
Versus
Mohan Lal & Ors. – Respondents
Civil Appeal Nos. 788-789 of 2016 (Arising out of SLP (C) Nos. 31469-31470 of 2014)
Decided on : 29-01-2016
Limitation - Redemption of Usufructuary Mortgage - The starting point of limitation for redemption of usufructuary mortgage should run from the date the mortgage money is paid or is otherwise satisfied
Fact of the Case:
The appellant challenged the impugned orders passed by the High Court of Judicature for Rajasthan at Jodhpur, which allowed the application filed by the respondent under Order VII, Rule 11 (d) CPC in Suit No. 219/2004 on the file of Civil Judge, Junior Division, Jodhpur.
Finding of the Court:
The High Court's reliance on previous decisions regarding the limitation on redemption of usufructuary mortgage was held to be no longer good law. The impugned judgments of the High Court were set aside, and the matters were remitted to the Trial Court for trial on all issues raised. The Trial Court was requested to dispose of the suit within six months from the date of the next appearance of the parties.
Issues: The question of limitation on redemption of usufructuary mortgage and the validity of the High Court's reliance on previous decisions.
Ratio Decidendi: The starting point of limitation for redemption of usufructuary mortgage should run from the date the mortgage money is paid or is otherwise satisfied, as held in the case of Singh Ram Vs. Sheo Ram and Others.
Final Decision: The appeals were allowed with no order as to costs.
JUDGMENT :
Kurian, J.
1. Leave granted.
2. The appellant is aggrieved by the impugned orders dated 25.07.2013 and 18.12.2013 passed by the High Court of Judicature for Rajasthan at Jodhpur. The application filed by the respondent under Order VII, Rule 11 (d) CPC in Suit No. 219/2004 on the file of Civil Judge, Junior Division, Jodhpur was allowed.
3. On the question of limitation on redemption of usufructuary mortgage, the High Court has placed reliance on Sampuran Singh & Others Vs. Niranjan Kaur & Others reported in (1999) 2 SCC 679 and Prabhakaran & Others Vs. M. Azhagiri Pillai reported in (2006) 4 SCC 484. The position taken by the High Court in those decisions has been held to be no more good law in Singh Ram Vs. Sheo Ram and Others reported in (2014) 9 SCC 185 wherein it has been held that the starting point of limitation for redemption of usufructuary mortgage should run from the date the mortgage money is paid or is otherwise satisfied.
4. In that view of the matter, the impugned judgments of the High Court are set aside. The matters are remitted to the Trial Court. The suit shall be tried on all issues raised for trial. Being a suit of the year 2004, we request the Trial Court to dispose of the suit within six months from the date of next appearance of the parties. The parties shall appear before the Trial Court on 4th April, 2016.
5. The appeals are allowed as above with no order as to costs.
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