📚 LEGAL LEARNING | SHRI GANPATI JURISTS
Dalip Singh (D) through LRs v. Sawan Singh (D) through LRs
Supreme Court of India
🔑 Key Principle
In a usufructuary mortgage, the right of redemption of the mortgagor never gets extinguished merely by lapse of time.
⚖️ Important Findings of the Supreme Court
🔹 The period of limitation for redemption does NOT begin from the date of creation of a usufructuary mortgage.
🔹 Limitation starts only when the mortgage money is actually paid or legally adjusted, i.e.:
Out of usufruct, or
Partly out of usufruct, or
By deposit/payment by the mortgagor as per Section 62, Transfer of Property Act, 1882.
🔹 Until such payment or adjustment, Section 61(a) of the Limitation Act, 1963
does not come into operation.
🚫 What Mortgagee Cannot Claim
❌ Mere expiry of limitation period
❌ Ownership or title over mortgaged property
❌ Defeat mortgagor’s right of redemption on grounds of delay
✅ What the Court Reiterated
“In a usufructuary mortgage where no time for redemption is fixed, the mortgagor’s right continues till the mortgage money is repaid or adjusted in accordance with law.”
📜 Legal Impact
✔ Mortgagor’s right of redemption remains alive and enforceable
✔ Mortgagee cannot acquire ownership by passage of time alone
✔ Reinforces the equitable nature of mortgage law
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