In Brief
A mortgagee under a usufructuary mortgage sued claiming ownership of the mortgaged property by prescription, after 30 years had passed since the mortgage date. The trial court granted ownership and injunction, but the appellate and High Courts held that while the mortgagee's injunction right was valid, it could not claim ownership. The Supreme Court dismissed the mortgagee's appeal, holding that a usufructuary mortgagee cannot become owner merely by the passage of time or expiry of 30 years; such mortgages confer only the right to usufruct, not ownership.
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