Raghubir vs State of Haryana - 1993 Supreme(P&H) 1213

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1993 Supreme(P&H) 1213

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
JAGMOHAN BANSAL
Raghubir – Appellant
Versus
State of Haryana – Respondent

Advocates Appeared:
For the Appellant :Mr. Rajiv Sharma (Hisarwale), Advocate Mr. Vinayak Atri, Advocate and Ms. Indu Bala Sharma, Advocate
For the Respondent:Mr. Ashok Kumar Khubbar, Additional Advocate General, Haryana Mr. Som Nath Saini, Adv.

JUDGMENT :

JAGMOHAN BANSAL, J.

1. The appellants through instant appeal are seeking setting aside of order dated 30.09.1992 passed by learned Additional District Judge, Bhiwani whereby judgment and decree dated 19.02.1990 passed by learned Sub-Judge, First Class, Bhiwani has been upheld.

2. On 08.07.2025, this Court passed the following order:

“It is submitted by learned counsel for the appellant/plaintiff that the appellant had filed a suit for declaration that the plaintiffs are owners in possession of the suit property, which is an evacuee property. The said property was mortgaged by the appellant to one Didar Singh, who migrated to Pakistan in the year 1945. Learned counsel submits that therefore the said mortgage being usufructuary mortgage, it was open to the appellant to redeem the same at any point of time, and there is no limitation for the same in terms of judgment of the Hon’ble Supreme Court in Singh Ram (D) through LRs vs. Sheo Ram and others Law Finder Doc ID #603373.

Learned counsel for respondent No.3 however, controverts the submissions made by learned counsel for the appellant and submits that as the suit property is evacuee property, and as the appellant/plaintiff had

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