Supreme Court of India · 2005-11-09
Rukmani Ammal And Anr vs Jagdeesa Gounder
- Citation / case number
- AIR 2006 SUPREME COURT 276
- Court
- Supreme Court of India
- Petitioner
- Rukmani Ammal And Anr
- Respondent
- Jagdeesa Gounder
- Author
- C.K. Thakker
- Bench
- Arijit Pasayat, C.K. Thakker
Judgment text excerpt
The Supreme Court held that under the Tamil Nadu Debt Relief Act, 1979, a usufructuary mortgage is deemed discharged after ten years of possession, thus entitling the mortgagor to reclaim possession. The Court found that the plaintiff's suit for declaration of title and possession was maintainable despite the prior auction sale, as he was not given notice of the proceedings. The judgment of the High Court was set aside, and the plaintiff was granted possession of the property, affirming his rights as the purchaser of the equity of redemption.