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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
VIRINDER AGGARWAL
Swaran Singh – Appellant
Versus
Sardul Singh – Respondent
JUDGMENT :
VIRINDER AGGARWAL, J.
1. The present Regular Second Appeal (hereinafter referred to as “RSA”) has been instituted by the appellants–plaintiffs to challenge the judgment and decree dated 01.02.1995 rendered by the learned Additional District Judge, Amritsar, whereby the findings of the Trial Court were affirmed in their entirety. The Trial Court, by its judgment and decree dated 16.03.1992, passed by the learned Sub-Judge, 1st Class, Tarn Taran, had decreed the suit instituted by the appellants–plaintiffs seeking a declaratory relief.
1.1. The appellants now impugn the concurrent findings of both courts below, contending that the same are legally untenable and factually erroneous, and seek appropriate redress through the appellate jurisdiction of this Court.
2. Briefly stated, the facts giving rise to the present litigation, as set out in the civil suit instituted by the plaintiffs-appellants, are as follows:-
“Assa Singh and Mangal Singh were the original owners of the agricultural land situated in village Dhotian. It was pleaded that the said owners had mortgaged the land with possession in favour of Ran Singh son of Wasawa Singh for a period of seven years, for an ostensib
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.
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.
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.
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