Supreme Court · 2014 INSC 554 · Decided 21 August 2014
Singh Ram (D) THR. L.RS. v. Sheo Ram & ORS.
- Court
- Supreme Court of India
- Citation
- 2014 INSC 554 · [2014] 14 S.C.R. 1412
- Case number
- CIVIL APPEAL No. 5198/2008
- Decided
- 21 August 2014
- Bench
- T.S. THAKUR, C. NAGAPPAN, ADARSH KUMAR GOEL (3-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Transfer of Property Act Section 62, 58, 60, 61; Limitation Act
Headnote
' c Limitation Act, 1963- Schedule, Article 61 - Limitation for redemption of usufructuary mortgage - Invocation of - Held: Right of usufructuary mortgagor is equitable as well as statutorily recognized right- Usufructuary mortgage is distinct from other mortgage- Special right of 62 of Transfer of Property Act to recover possession commences when mortgage money is paid out of usufructs or partly out of usufructs and partly on payment by the mortgagor - Therefore, in case of usufructuary mortgage mere expiry of 30 years does not extinguish the right of the E mortgagor and
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