Mortgage being a usufructuary mortgage, right of redemption does not get extinguish due to default in deposit of mortgage money within time specified by Court Order condoning delay in deposit of mortgage money, proper.

Citation 

AIROnline 2023 MAD 133

Madras High Court

(MADURAI BENCH)

R. VIJAYAKUMAR, J.

C.R.P.(NPD)(MD) - 1529 of 2012 D/-17-3-2023

Veeri Ummal v. Rajendran Babu

Transfer of Property Act (4 of 1882), S.62 - Limitation Act (36 of 1963), Art.61 - Redemption of mortgage Default in deposit of mortgage money Delay condoned for deposit of mortgage money - Challenge against - In case of preliminary decree for redemption of usufructuary mortgage, no limitation begins to run until deposit is made Filing of application to condone delay in depositing mortgage money is superfluous and mortgagor/decree holder can directly deposit amount Mortgage being a usufructuary mortgage, right of redemption does not get extinguish due to default in deposit of mortgage money within time specified by Court Order condoning delay in deposit of mortgage money, proper.           (Paras 20 21)