Supreme Court of India
Singh Ram (d) Thr. L.rs. v. Sheo Ram & Ors.
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From the 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 usufructuary mortgagor 0 u/s. 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
Authorities it was built on
- 1976 Narandas Karsondas v. S. A. Kamtam & Anr.
- 1985 Jayasingh Dnyanu Mhoprekar & Anr. v. Krishna Babaji Patil & Anr.
- 1961 Mritunjoy Pani and Another v. Narmanda Bala Sasmal and Another
- 2003 Achaldas Durgaji Oswal (dead) through Lrs. v. Ramvilas Gangabisan Heda (dead) through Lrs. and Ors.
- 2000 Hamzabi and Ors. v. Syed Karimuddin and Ors.
- 1995 Panchanan Sharma v. Basudeo Prasad Jaganani and Ors.
- 2006 Prabhakaran and Ors. v. M. Azhagiripillai (dead) by Lrs. and Ors.
- 2005 Harbans v. Om Prakash and Ors.
- 1997 State of Punjab and Ors. v. Ram Rakha and Ors.
- 1996 Parichhan Mistry (dead) by Lrs. and Anr. v. Achhiabar Mistry and Ors.
- 1999 Sampuran Singh and Ors. v. Niranjan Kaur and Ors.
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