Regular Second Appeal No. 3232 of 2008 [1]
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Regular Second Appeal No. 3232 of 2008
Date of Decision: September 02, 2009
Bal Ram and others ......... Appellants
versus
Ishwar Singh and others .......... Respondents
Present:- Shri Lokesh Sinhal, Advocate for the appellants
HEMANT GUPTA, J.
The plaintiffs are the mortgagees who have filed suit for
declaration claiming that they have become owners of the suit land on
account of failure of the mortgagor to redeem the suit land within a period
of 30 years from the date of mortgage.
In respect of usufructuary mortgage, a Full Bench judgment of
this Court in Ram Kishan and others vs. Sheo Ram and others, AIR
2008 Punjab and Haryana 77, has held that there is no period of
redemption in case of usufructuary mortgage. The principle that once a
mortgage always a mortgage is applicable in the case of usufructuary
mortgage.
The Courts below have also returned a finding that the
plaintiffs are not proved to be the legal heirs of mortgagee Udey Ram. Even
if the plaintiffs are legal heirs of Udey Ram, still they cannot become owner
of the suit land in view of the aforementioned decision of the Full Bench.
Regular Second Appeal No. 3232 of 2008 [2]
In view of the Full Bench decision in Ram Kishan’s case
(supra), I do not find that any substantial question of law arises for
determination by this Court in second appeal.
Dismissed.
September 02, 2009 ( HEMANT GUPTA ) ks JUDGE