MOHAN LAL Vs. MOHAN LAL AND ORS.

JUDGEMENT

(1.) Leave granted.

(2.) The appellant is aggrieved by the impugned orders dated 25.07.2013 and 18.12.2013 passed by the High Court of Judicature for Rajasthan at Jodhpur. The application filed by the respondent under Order VII, Rule 11 (d) CPC in Suit No. 219/2004 on the file of Civil Judge, Junior Division, Jodhpur was allowed.

(3.) On the question of limitation on redemption of usufructuary mortgage, the High Court has placed reliance on Sampuran Singh & Others Vs. Niranjan Kaur & Others, 1999 2 SCC 679 and Prabhakaran & Others Vs. M. Azhagiri Pillai, 2006 4 SCC 484. The position taken by the High Court in those decisions has been held to be no more good law in Singh Ram Vs. Sheo Ram and Others, 2014 9 SCC 185 wherein it has been held that the starting point of limitation for redemption of usufructuary mortgage should run from the date the mortgage money is paid or is otherwise satisfied.