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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
VIRINDER AGGARWAL
Sadhu Ram (since deceased) through his LRs – Appellant
Versus
State of Haryana through Collector, Kurukshetra – Respondent
JUDGMENT
VIRINDER AGGARWAL , J .
1. The appellants/plaintiffs filed suit for declaration along with consequential relief of permanent injunction on the allegations that Rulia father of plaintiffs/appellants was owner in possession of 133 Bighas 12 Biswas of land situated in village Bhorakh, Tehsil Pehowa District Kurukshetra. In the year 1919-20, Yamuna and Baru sons of Sidhu were made co-sharers in the suit land by Rulia by way of gift. Both Yamuna and Baru died issue-less and were succeeded by their mother Satehari @ Satari, who mortgaged the land to Lachhman. After death of Lachhman rights were inherited by his son Bhikhan, mutation No.365 was sanctioned in this regard. Bhikhan sold his mortgagee rights in favour of plaintiff by oral sale for a consideration of `60/-, Mutation No.573 was sanctioned in favour of plaintiff, during consolidation the land was converted into 115 Kanals 4 Marlas and was allotted to the plaintiff as mortgagee. Whereabouts of Satehri were not available and she was not heard for the last 20 years, she was presumed to be dead leaving behind no legal heir, so her estate was escheated to the State of Haryana and State of Haryana was recorded as owner mortgago
A subsequent suit claiming foreclosure can be maintained if new grounds arise post-extinguishment of mortgage rights, despite previous dismissals of similar ownership claims.
To establish adverse possession, the claimant must specifically plead and prove a hostile assertion of ownership, disclaiming the original title from a particular date, which was not accomplished her....
The main legal point established in the judgment is that a suit for recovery of possession without seeking redemption of the mortgage is not maintainable under Section 34 of the Specific Relief Act, ....
Redemption of mortgage – Through Legal Representatives, there is no period to seek redemption of a usufructuary mortgage.
In a usufructuary mortgage, the right to redeem does not extinguish after 30 years; it arises only upon payment of the mortgage money.
(1) Equity of redemption means a right to redeem property based upon equitable principles. Right of redemption recognised under the Act is a statutory and legal right which cannot be extinguished.(2)....
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