Date of Judgement:
07 October 2021
Coram:
Justice Hemant Gupta
Justice V Ramasubramanian
Parties:
Appellant – Ram Rattan (dead) by LRs
Respondent – Devi Ram
Subject
There is no limitation period in case of usufructuary mortgage.
Legal Provisions
- Section 58(d) of the Transfer of Property Act, 1882 – Meaning of usufructuary mortgage.
- Section 62 of the Transfer of Property Act, 1882 - Right of usufructuary mortgagor to recover possession.
Overview
- The appellant, the mortgagee, claimed that this suit was made after 45 years of mortgage and hence they were the owners of the disputed property.
Issue
- Whether the appellant becomes the owner of the disputed property?
Judgement Analysis
- The court referred to Ram Kishan & Ors. V. Sheo Ram & Ors, wherein the Punjab and Haryana High Court observed held that there can be no limitation on a usufructuary mortgage. The court also observed that this judgement was upheld in Singh Ram V. Sheo Ram (2014).
- The court also referred to Singh Ram case and held expiry of period of 45 years from the date of creation of mortgage does not entitle the appellant to claim ownership of the same and the mortgagee has the right to recover the property under Section 62 of the Transfer of Property Act.
Conclusion
A mortgagor has the right to recover the possession from a usufructuary mortgage under Section 62 of the Act and it cannot be said have been extinguished by the fact that the mortgage was created 45 years before the suit.
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Questions:
- What is a usufructuary mortgage?
- Which section in the Transfer of Property act provides for Right of usufructuary mortgagor to recover possession?
