PRABHAKARAN vs M. AZHAGIRIPILLAI (DEAD) BY LR. .

The Supreme Court held that the right of redemption of a usufructuary mortgage under Section 60 of the Transfer of Property Act, 1882 is a statutory right that cannot be extinguished by mere possession or subsequent transactions unless legally discharged. The Court ruled that the assignment of the mortgage in 1954 did not extinguish the original mortgagor's right to redeem, and the plaintiffs' claim for redemption was valid under the Tamil Nadu Debt Relief Act, 1979. The appeal was allowed, affirming the plaintiffs' right to redeem the mortgage.