LAW FOR ALL

Sec.62 of T.P. Act & Art.61 of Indian Limitation Act - limitation for redemption of mortgaged property when time not fixed for payment - suit for declaration after 60 years by mortgagee predecessors against the mortgagor predecessors - trial court dismissed the suit as the plaintiff never pleaded that he or his predecessors made demands for payment of mortgage money and the mortgagor or his predecessors refused to pay the same - Appellant court and High court too confirmed the same - Apex court held that In cases where distinction in usufructuary mortgagor’s right under Section 62 of the T.P. Act has been noted, right to redeem has been held to continue till the mortgage money is paid for which there is no time limit while in other cases right to redeem has been held to accrue on the date of mortgage resulting in extinguishment of right of redemption after 30 years.We, thus, hold that special right of usufructuary mortgagor under Section 62 of the T.P. Act to recover possession commences in the manner specified therein, i.e., when mortgage money is paid out of rents and profits or partly out of rents and profits and partly by payment or deposit by mortgagor. Until then, limitation does not start for purposes of Article 61 of the Schedule to the Limitation Act. A usufructuary mortgagee is not entitled to file a suit for declaration that he had become an owner merely on the expiry of 30 years from the date of the mortgage. We answer the question accordingly. On this conclusion, the view taken by the Punjab and Haryana High Court will stand affirmed and contrary view taken by the Himachal Pradesh High Court in Bhandaru Ram (D) Thr. L.R. Ratan Lal vs. Sukh Ram (supra) will stand over-ruled.The appeals are dismissed.= CIVIL APPEAL NO.5198 OF 2008 Singh Ram (D) Thr. L.Rs. ... Appellant (s) Versus Sheo Ram & Ors. ... Respondent (s) = 2014 - Aug. Part - http://judis.nic.in/supremecourt/filename=41839