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ALKA SARIN
Ajaib Singh (deceased through LRs) – Appellant
Versus
Ved Parkash – Respondent
JUDGMENT
Alka Sarin, J.
The present regular second appeal has been preferred by the plaintiff-appellants challenging the judgment and decree dated 30.04.2015 passed by the Trial Court and the judgment and decree dated 13.07.2017 passed by the First Appellate Court dismissing their suit.
2. The brief facts relevant to the present case are that the plaintiff-appellants are the successors of the mortgagee while defendant-respondent Nos.1 to 3 are the successors of the mortgagor. The plaintiff-appellants filed a civil suit for declaration to the effect that order dated 01.08.2008 passed by the Court of Collector, Moga in Case No.8-C dated 16.11.2007 titled Ved Parkash etc. v. Kartar Singh is illegal, unjust and wrong and is liable to be set aside and for further declaration that the plaintiff-appellants have become owners in possession of 24/77 share out of land bearing Khasra Nos.81//19/2(7-16), 20/1(2-0), 21(8-0), 22(8-0), 23/1(7-5), 24/1(0-7) situated in the estate of village Khukhrana, Tehsil and District Moga as entered in the jamabandi for the year 2005-06 with consequential relief of injunction restraining the defendant-respondents from ejecting the plaintiff-appellants forcibly,
In a usufructuary mortgage, the right to redeem does not extinguish after 30 years; it arises only upon payment of the mortgage money.
Usufructuary mortgagor's right to recover possession restarts upon payment of mortgage money, distinguishing it from other mortgage types, and is not extinguished after 30 years.
In usufructuary mortgages, the limitation for redemption begins only upon payment of the mortgage debt, not upon the expiry of the redemption period.
In usufructuary mortgages, the limitation for final decree applications starts only upon the deposit of the mortgage amount, not from the preliminary decree.
A usufructuary mortgagor can redeem the mortgage at any time; the right is not extinguished by the passage of 30 years, as affirmed by the Supreme Court.
The rights of a usufructuary mortgagee do not crystallize into a title without payment of the mortgage debt; thus, a suit for declaration is unsustainable once the right to redeem is extinguished.
The nature of usufructuary mortgages dictates that a mortgage is always redeemable and a suit claiming ownership by efflux of time is not maintainable.
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