Law: Transfer of Property Act, 1882

Section: 60

Law: Civil Procedure Code (V of 1908)

Section: O.I,R.9

Law: Limitation Act, 1908

Section: 20(2),28,114,147,148

Transfer of Property Act (IV of 1882)--- ----S. 60---Limitation Act (IX of 1908), Ss. 20 (2) & 28 & Arts. 144, 147 & 148---Civil Procedure Code (V of 1908), O. I, R. 9---Suit for redemption of mortgaged property---Limitation---Prescription---Non-impleadment of co-sharers of suit property---Usufructuary mortgage---Effect---Contention of plaintiff was that he was owner in possession of suit property---Suit was dismissed for being time barred and on account of non-joinder of co-sharers of suit property---Validity---Defendants had never instituted any suit for purchase of suit property within the prescribed period of limitation---If any mortgagee failed to get decree in his favour before the target date then no decree for prescription could be passed in his favour and no suit could be filed after the target date---Defendants had not succeeded in getting decree on the basis of prescription before the target date---Defendants could not be allowed to claim ownership of the suit property on the ground that plaintiff had not redeemed the suit property within the prescribed period of sixty years---Receipt of rent or usufruct of mortgage land by mortgagee in possession was to be deemed to be acknowledgement of payment of debt---Receipt of produce on every harvest would be deemed as an acknowledgement giving fresh start to period of limitation---Limitation for filing a suit for redemption of mortgage property would start from the date of such acknowledgement---Provisions contained in S.28 of Limitation Act, 1908 had been declared to be repugnant to the Injunction of Islam---No lawful owner could be deprived of his right merely by efflux of time nor a person enjoying possession for a long time could be awarded with premium of ownership---No suit could be defeated due to non-impleadment of other co-sharers of suit property---Mortgagee would step into shoes of his mortgagor---Defendants were usufructuary mortgagee---Plaintiff on redemption of suit property would relegate to his previous position as his ancestral were in the said property---No other co-sharers would be affected by redemption of suit property---Co-sharers of suit property could not be treated either…

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