No Limitation Period In Case Of A Usufructuary Mortgage: Supreme Court

KEY TAKEAWAYS

• In the case of a usufructuary mortgage, the Supreme Court has stated that there is no limitation period.
• The above observation was made by a bench of Justices Hemant Gupta and V Ramasubramanian.

BACKGROUND

• The bench was hearing an appeal from a mortgagee who claimed ownership of the mortgaged property because 45 years had passed since the mortgage.
• The Supreme Court noted that in "Ram Kishan&Ors. Vs. Sheo Ram &Ors.", the Full Bench of the Punjab and Haryana High Court held that there is no limitation period in case of usufructuary mortgage. "Once a mortgage, always a mortgage," was the guiding principle.
• The Supreme Court upheld the P&H High Court's decision in "Singh Ram (D) Through LRS Vs. Sheo Ram &Ors." reported in (2014) 9 SCC 185.
• In the above judgements, the Supreme Court had observed that “in a usufructuary mortgage, the right to recover possession continues until the money is paid out of the rents and profits, or where the money is partly paid out of the rents and profits, when the balance is paid by the mortgagor or deposited in Court as provided under Section 62 of the Transfer of Property Act."

COURT’S OBSERVATION

• “We uphold the view taken by the Full Bench that in case of usufructuary mortgage, mere expiry of a period of 30 years from the date of creation of the mortgage does not extinguish the right of the mortgagor under S.62 of the TP Act". - the Supreme Court observed.
• Given this settled position, the bench dismissed the appeals in the current case.

• What are your views on the judgement?
• What do you understand by the term ‘mortgage’?

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