V.K. Jhanji, J. - This is plaintiffs second appeal.

2. Plaintiff filed civil suit contending therein that the land in dispute was mortgaged by the ancestors of one Bhira with the fore-fathers of plaintiff and mortgage has not been got redeemed by the mortgagor within 30 years and so, the plaintiff and defendants 2 and 3 have become owners by efflux of time. Upon notice of suit, defendant No. 1 contested the suit and alleged that mortgage has already been redeemed. He denied that plaintiff and defendants 2 and 3 have become owners by efflux of time. Trial Court decreed the suit, but on appeal by defendant No. 1, judgment of the trial Court has been modified and it has been held that plaintiff and defendants 2 and 3 have not become owners as there is no period of limitation to redeem usufructuary mortgage. It has, however, been held that defendant No. 1 has failed to prove that mortgage has been redeemed. Against the judgment and decree of the first appellate Court, plaintiff has come in second appeal.

3. Learned counsel appearing on behalf of plaintiff relying upon judgment of the Apex Court in State of Punjab and others v. Ram Rakha and others, JT 1997(2) SC 577, has contended