“ In the case in hand, Annamalai was the owner of the property. He mortgaged to defendant No.1 in 1962 and since then defendant No.1 was in possession of the property as mortgagee. Annamalai then sold part of the property to the plaintiff in 1964 and the sale-deed recited the factum of mortgage by the owner to defendant No.1. In a suit for recovery of money by defendant No.1 against Annamalai, a decree was passed and in execution proceedings, the property was purchased by the mortgagee (defendant No.1) in 1966. The auction was confirmed and sale certificate was issued in favour of defendant No.1 on September 5, 1966. The submission of defendant NO.1 is well founded that thereafter she did not continue to remain mortgagee but became absolute owner or claimed to be the absolute owner of the property. As held by this Court in the cases referred to hereinabove, once the mortgagee is claiming to be an absolute owner of the property, his/her status as mortgagee comes to an end and his / her possession becomes adverse to the original owner. Even if such sale is voidable (and not void), it will not alter legal position and adverse title of the original mortgagee continues and if the period of twelve years expires, he / she becomes owner of the property by adverse possession.”
