Limitation for redeeming the property will never start running without payment of mortgage debt by the mortgagor - usufructuary mortgagee, is not entitled to maintain a suit for declaration of title -

Citation 

2024-3-L.W. 730

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

19.06.2024/S.A. (MD)No.579 of 2008 and C.M.P(MD)No.6564 of 2024

S.Sounthar, J.

Saroja.                             ...Appellant

-Vs-

Thiagarajan.                  ...Respondent

PRAYER: Second Appeal is filed under Section 100 of the Code of Civil Procedure, to set aside the judgment and decree, dated 15.02.2007 passed by the learned Principal Subordinate Judge, Nagercoil in A.S.No.132 of 2004 in confirming the judgment and decree of the I Additional District Munsif, Nagercoil, dated 28.01.2004 in O.S.No.156 of 2001.

Limitation act, Article 61(a)

held: limitation for redeeming the property will never start running without payment of mortgage debt by the mortgagor - No evidence available to suggest mortgage debt was paid to mortgagee by the original

mortgagors.                                    ...para 11

plaintiff, being usufructuary mortgagee, is not entitled to maintain a suit for declaration of title when she remains as a mortgagee of the property         ...para 12

When the third defendant was transposed as appellant in the place of deceased plaintiff in her capacity as legal representative the third defendant is not entitled to claim right under her own title document

When she persecutes the appeal, as the legal representative of the deceased plaintiff she can only claim title under the deceased plaintiff and she cannot canvass her own right under a sale deed executed in her favour.                               ...para 16