Upgrad LLM

need help - redemption of usufructuary mortgage - tenancy


Hello All,

Can anyone please assist with the below question.

A land was usufructuary mortgaged in 1928 for 6 years by Mr X to my Mr Y with possession towards interest.

Mr X died in 1968 without redeeming,

Mortgagee Y LET out property to Tenants under Karnataka Land reforms act in 1982. Mortgagee stood EXPARTE in that Land Tribunal case.  Mortgager and his legal heirs were unaware of this facts.

Can the Legal Hier now in 2015 claim for redemption of usufructuary mortgage property. if YES, what is the effect of TENANTS ? Can Tenant be EVICTED from Mortgage land on Redemption ?

We were also looking at Supreme Court Judgement on 21st Aug 2014 ie., -  CIVIL APPEAL NO.5198 OF 2008 - Singh Ram (D) Thr. L.Rs VS Sheo Ram & Ors. " whether there is any time limit in the case of a usufructuary mortgagor to get his property redeemed"

Thanks a lot in advance

Namaste,

Prashanth

 
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