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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
ALKA SARIN
Shyam – Appellant
Versus
Shyamwati – Respondent
JUDGMENT :
ALKA SARIN, J.
CM-10544-C-2018
1. For the reasons stated in the application, the same is allowed and the delay of 35 days in re-filing the present appeal is condoned.
RSA-3971-2018
2. Present appeal has been filed by defendant Nos.11 to 13 and 15 to 18 (appellants herein) aggrieved by the judgements and decrees dated 20.08.2015 and 13.09.2017 passed by the Trial Court and the First Appellate Court, respectively.
3. The brief facts relevant to the present lis are that the plaintiffs i.e. contesting respondent Nos.1 to 4 herein filed a civil suit for possession by way of redemption. It was averred in the plaint that agricultural land comprised in Khewat/Khata No.57/73 Rec. No.33, Killa No.1(8-0), 2/1(2-7), 10(8-0), 11(8-0), 20(8-0), 21(8-0), 22/1(4-0), Rect. No.34, Killa No.6/2(3- 15), 15(8-0), 16(8-0), 25/1(2-13), Rect. No.38, Killa No.3(8-0), 8(8-0), 13(3- 7), Rect. No.41, Killa No.1(8-0), 10/1(1-17) total measuring 97 Kanals 19 Marlas situated within the revenue estate of village Dostpur, Tehsil and District Palwal was owned by the plaintiff-respondent Nos.1 to 4 alongwith the proforma defendants and that the predecessors-in-interest of the plaintiff- respondent Nos.1 to 4 an
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 a usufructuary mortgage, the right to redeem does not extinguish after 30 years; it arises only upon payment of the mortgage money.
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.
Point of law: Rightly observed by both the Courts below the evidence let in by the appellants to establish this oral sale, gets excluded in view of the prohibition under Section 92 of the Indian Evid....
In usufructuary mortgages, the limitation for final decree applications starts only upon the deposit of the mortgage amount, not from the preliminary decree.
The right of the mortgagor to redeem the property does not get extinguished due to non-payment of the mortgage money within the time specified by the Court, and in the case of a preliminary decree fo....
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, ....
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