IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Deepak Gupta, J
VISHWA NATH – Appellant
Versus
RAM KISHAN – Respondent
| Table of Content |
|---|
| 1. insufficient evidence to prove mortgage expiry. (Para 3 , 6 , 7) |
| 2. main legal question about expiry of redemption period. (Para 4) |
| 3. legal reasoning based on precedent regarding mortgagor's rights. (Para 5) |
| 4. final dismissal based on lack of merit. (Para 8) |
get the suit land redeemed despite lapse of more than 30 years, plain(cid:22)ff sought declara(cid:22)on to have become owner of the suit property.
3. Defendant resisted the claim. A(cid:31)er framing issues and taking evidence on record, the trial Court decreed the suit, but the First Appellate Court reversed the findings.
4. The sole ques(cid:22)on to be determined by this Court is as to whether by mere on expiry of the period of 30 years, the right of mortgagor to get the suit property redeemed, is ex(cid:22)nguished.
5. The said issue has been dealt with by the Full Bench of Hon’ble Supreme Court in “Singh Ram (D) through LRs v Sheo Ram and others”, 2014 AIR Supreme Court 3447, as has been fairly conceded by learned senior counsel for the appellant, wherein it has been held that right to recovery of possession in a case of usufructuary mortgage, commences when the mortgage money is paid out of rents and profit
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