Mortgage redemption limitation turns on when the right to redeem accrued and whether the claim was time-barred.

A mortgage by conditional sale is a recognised security, and absent a special term allowing earlier redemption, the right to redeem ordinarily arises only on expiry of the repayment period. On the pleaded facts, the mortgaged debt was said to have been satisfied from usufruct and by payment before the stipulated time, with accounts showing discharge in Fasli 1245. If that discharge was accepted, the right to recover possession accrued in 1838, well before the suit filed in 1899, and the claim was therefore barred by the applicable sixty-year limitation period.

---

---

Issues: Whether the suit for redemption and recovery of mortgaged property was barred by limitation, or whether the right to redeem accrued only on expiry of the stipulated nine-year period.

Analysis: The mortgage was a mortgage by conditional sale, a recognised form of security. In the absence of a special condition permitting earlier redemption, the right to redeem ordinarily accrues only when the period fixed for repayment expires. The plaintiffs, however, pleaded that the mortgage debt had in fact been satisfied out of the usufruct and by payment before the stipulated time, and relied on accounts showing discharge of the debt in Fasli 1245. On that footing, the right to recover possession would have accrued in 1838, long before the suit was instituted in 1899, making the claim time-barred under the applicable sixty-year limitation.

Conclusion: The suit was barred by limitation and the decree of the High Court allowing the claim in part could not stand.

---