PARICHHAN MISTRY (DEAD) BYLRS. & ANR. vs ACHHIABAR MISTRY AND ORS.

The Supreme Court held that the right of redemption under a usufructuary mortgage can only be extinguished through lawful means, such as a contract, court decree, or statutory provision. The Court found that the High Court erred in concluding that the mortgagor's right to redeem was extinguished merely due to non-payment of rent, as this does not constitute a lawful extinguishment of the right. The appeal was allowed, and the judgment of the Patna High Court was set aside, reinstating the mortgagor's right to redeem the property.