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Supreme Court of India 2016-01-29 allowed

Mohan Lal vs Mohan Lal & Ors

Bench: 2 — Kurian

In Brief

This case concerns the proper interpretation of limitation periods for redemption of usufructuary mortgages under Indian law. The High Court had rejected a 2004 suit as time-barred, relying on older Supreme Court precedents (Sampuran Singh and Prabhakaran). The Supreme Court set aside the High Court's decision, holding that those earlier authorities had been superseded by Singh Ram v. Sheo Ram (2014), which establishes that the limitation period for redeeming a usufructuary mortgage runs from the date the mortgage money is paid or satisfied. The suit was remitted to the trial court to be decided on all substantive issues.

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Limitation Usufructuary Mortgage Civil Procedure Redemption

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