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Civil Property & InheritanceSupreme Court of India

Bir Singh v. Ram Kanwar Singh (D) Th. LRS

Civil Appeal · 2018 INSC 754Decided 28 Aug 2018
Civil Appeal No. 8994 of 2018
Justice R. Banumathi · Justice Vineet Saran

Background

The appellant claimed through the original usufructuary mortgagee of a property and sued, claiming ownership of the property by prescription and seeking a permanent injunction. The trial court decreed the suit in full, but the first appellate court held that the appellant, claiming only as mortgagee, could not claim ownership, while still upholding the injunction in his favour as mortgagee; the High Court affirmed this and gave the mortgagors' heirs liberty to separately pursue their right of redemption.

Decision Breakdown

The Supreme Court held the issue was squarely covered by its earlier ruling in Singh Ram (Dead) Thr. LRs vs. Sheo Ram and Others, (2014) 9 SCC 185, which holds that a usufructuary mortgagee cannot claim to have become the owner of mortgaged property merely because 30 years have passed since the mortgage. Applying that precedent, the Court rejected the appellant's claim to ownership and dismissed the appeal, leaving the earlier courts' findings (injunction in the mortgagee's favour, with the mortgagors' heirs free to seek redemption separately) undisturbed.

Lesson Learnt

A mortgagee, even one in long, uninterrupted possession under a usufructuary mortgage, cannot convert mere lapse of time into ownership; the right to redeem the mortgage survives for the mortgagor's heirs regardless of how many years have passed.

Bir Singh v. Ram Kanwar Singh (D) Th. LRS – Legal Case Shots | LegalAware