Full Judgment Text
NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOS. 788-789 OF 2016
(Arising out of SLP (C) Nos. 31469-31470 of 2014)
MOHAN LAL APPELLANT
VERSUS
MOHAN LAL & ORS RESPONDENTS
J U D G M E N T
KURIAN,J.
1. Leave granted.
2. The appellant is aggrieved by the impugned orders dated
25.07.2013 and 18.12.2013 passed by the High Court of
Judicature for Rajasthan at Jodhpur. The application filed by
the respondent under Order VII, Rule 11 (d) CPC in Suit No.
219/2004 on the file of Civil Judge, Junior Division, Jodhpur
JUDGMENT
was allowed.
3. On the question of limitation on redemption of
usufructuary mortgage, the High Court has placed reliance on
Sampuran Singh & Others Vs. Niranjan Kaur & Others reported in
(1999) 2 SCC 679 and Prabhakaran & Others Vs. M. Azhagiri
Pillai reported in (2006) 4 SCC 484. The position taken by
the High Court in those decisions has been held to be no more
good law in Singh Ram Vs. Sheo Ram and Others reported in
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(2014) 9 SCC 185 wherein it has been held that the starting
point of limitation for redemption of usufructuary mortgage
should run from the date the mortgage money is paid or is
otherwise satisfied.
4. In that view of the matter, the impugned judgments of the
High Court are set aside. The matters are remitted to the
Trial Court. The suit shall be tried on all issues raised for
trial. Being a suit of the year 2004, we request the Trial
Court to dispose of the suit within six months from the date
of next appearance of the parties. The parties shall appear
th
before the Trial Court on 4 April, 2016.
5. The appeals are allowed as above with no order as to
costs.
.....................J.
[KURIAN JOSEPH]
....................J.
[ROHINTON FALI NARIMAN
JUDGMENT
NEW DELHI;
JANUARY 29, 2016
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