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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  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  before the Trial Court on 4th April, 2016.

5. The appeals are allowed as above with no order as to  costs.

  .....................J. [KURIAN JOSEPH]  

    ....................J.      [ROHINTON FALI NARIMAN

NEW DELHI; JANUARY 29, 2016

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