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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
DEEPAK GUPTA
Piara Singh – Appellant
Versus
Malkiat Singh – Respondent
| Table of Content |
|---|
| 1. mortgagor's rights and land ownership. (Para 1 , 2) |
| 2. claim for redemption despite mortgage. (Para 3) |
| 3. analysis of redemption rights and mortgage validity. (Para 5 , 6 , 7 , 11) |
| 4. statutory provisions on mortgage redemption. (Para 8 , 9 , 10) |
| 5. disposition of appeal with redemption rights. (Para 12 , 13) |
JUDGMENT :
DEEPAK GUPTA, J.
1. This Regular Second Appeal has been filed by one of the plaintiffs against the concurrent findings of the Courts below.
2. On perusal of the entire paper-book, following facts emerge:-
2.1 Sh. Shiv Singh, the predecessor-in-interest of the parties was owner of 7 kanal 16 marla of land situated in village Berampur, Tehsil and District Hoshiarpur, detailed and described in head-note of the plaint. He expired on 06.01.1993, leaving behind five sons namely, Shingara & Piara Singh (plaintiffs), Malkiat, Chanchal & Tahar Singh (defendants No.1 to 3); and two daughters namely, Smt. Piaro (defendant No.4) and Smt. Bhajan Kaur. Suit property was ancestral in the hands of Shiv Singh. Said Shiv Singh executed a gift deed dated 25.07.1967 regarding suit property in favour of defendants No.1 to 3, which was assailed by the plaintiffs by filing a sui
The intrinsic right of a mortgagor to redeem a property exists as long as the mortgage is active, and limitation periods only commence upon the mortgage debt being fully discharged.
In a usufructuary mortgage, the right to redeem does not extinguish after 30 years; it arises only upon payment of the mortgage money.
In usufructuary mortgages, the limitation for redemption begins only upon payment of the mortgage debt, not upon the expiry of the redemption period.
The central legal point established in the judgment is that once a mortgage is created, the mortgagor has a right to redeem the mortgage at any point of time, based on the principle that once a mortg....
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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