SINGH RAM (D) THR. L.RS. versus SHEO RAM & ORS.

SINGH RAM (D) THR. L.RS. versus SHEO RAM & ORS.

In case of a usufructuary mortgage where no period for payment is fixed, the limitation period for redemption and recovery of possession under Article 61 of the Limitation Act starts only when the mortgage money is paid or tendered or deposited as specified in Section 62 of the Transfer of Property Act; mere expiry of 30 years does not extinguish mortgagor's right nor entitle mortgagee to ownership.

Parties
Appellant: Singh Ram (D) Thr. L.Rs.; Respondent: Sheo Ram & Ors.
Jurisdiction
India
Judgment Date
21 August 2014
Procedural Posture
Civil Appeal / Final Disposition by Supreme Court
Outcome
Appeals dismissed
Legal Topics
Usufructuary Mortgage, Redemption of Mortgage, Limitation for Redemption, Transfer of Property Act Section 62, Limitation Act Article 61
Property Law Limitation Law Usufructuary Mortgage Redemption of Mortgage Limitation for Redemption Transfer of Property Act Section 62 Limitation Act Article 61

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Parties

Singh Ram (D) Thr. L.Rs.

Appellant

Sheo Ram & Ors.

Respondent

Procedural Posture

Civil Appeal / Final Disposition by Supreme Court

Legal Issues

  1. 1 When does the right to redeem or recover possession under a usufructuary mortgage arise for limitation purposes?
  2. 2 Is there any time limit for a usufructuary mortgagor to seek redemption where no period is fixed in the mortgage deed?
  3. 3 Can usufructuary mortgagee claim ownership of property on expiry of limitation period?

Ratio Decidendi

In case of a usufructuary mortgage where no period for payment is fixed, the limitation period for redemption and recovery of possession under Article 61 of the Limitation Act starts only when the mortgage money is paid or tendered or deposited as specified in Section 62 of the Transfer of Property Act; mere expiry of 30 years does not extinguish mortgagor's right nor entitle mortgagee to ownership.

Court Disposition

Appeals dismissed

Orders

  • View taken by Punjab and Haryana High Court affirmed; contrary view taken by Himachal Pradesh High Court overruled.