Single judge dismissed plaintiff's second appeal in a suit for possession where the appellant claimed ownership by efflux of time, holding the matter covered by a prior full bench ruling barring such claims in usufructuary mortgages.
Appeal dismissed as being covered by a full bench judgment which barred ownership by efflux of time.
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RSA No.3568 of 2011 (O&M)
1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
RSA No.3568 of 2011 (O&M) Date of decision:28.04.2014
Hareet Singh
....Appellant
Versus
Gurpiar Singh and others
....Respondents
CORAM:- HON'BLE MR. JUSTICE RAKESH KUMAR GARG
Present:- Mrs. G.K.Mann, Advocate for the appellant.
RAKESH KUMAR GARG, J (ORAL)
This is plaintiff's second appeal challenging the judgments and decrees of the Courts below whereby his suit for possession as well as appeal were dismissed by the Courts below.
Plaintiff claims himself mortgagee of the suit land. According to him, respondent never redeemed the suit land within a period of 30 years, thus the mortgage has become irredeemable and has has become owner of the suit land by efflux of time.
It is the case of the appellant that taking benefit of his absence, defendants have taken illegal possession of the suit land and even in the revenue record, defendants have been shown to be the owners of the suit property. Hence the suit.
It is the case of the defendants that Gurdial Singh, their
Kadian Savita 2014.05.09 14:05 I attest to the accuracy and integrity of this document High Court Chandigarh
RSA No.3568 of 2011 (O&M)
2
father purchased the suit land from Ajmer Singh (original mortgagor) vide a registered deed on 27.5.1960. Immediately thereafter defendants got redeemed the mortgage from father of appellant. However, due to negligence of the revenue authorities, entry in the revenue record with regard to redemption could not be made.
The trial Court dismissed the suit holding that the land stood redeemed in 1960 and the defendants were in possession. The suit was time barred and the appellant cannot claim that the mortgage has become irredeemable by efflux of time.
Appeal filed by the appellant was also dismissed by the lower Appellate Court.
Still not satisfied, plaintiff has filed the instant appeal submitting that following substantial questions of law arise in this appeal:-
Kadian Savita 2014.05.09 14:05 I attest to the accuracy and integrity of this document High Court Chandigarh
RSA No.3568 of 2011 (O&M)
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During the course of hearing, counsel for the appellant could not dispute the fact that the instant appeal is covered by a full Bench judgment of this Court in case of Ram Kishan and others vs. Sheo and others 2008(1) RCR (Civil) 334 wherein it has been held that in a case of usufructuary mortgage of land, there is no period of limitation fixed for redemption and such mortgagee cannot claim the ownership right on the ground that he has become the owner by efflux of time.
In view thereof, this appeal is dismissed being without any merit as no substantial question of law arises.
April 28, 2014 (RAKESH KUMAR GARG) savita JUDGE
Kadian Savita 2014.05.09 14:05 I attest to the accuracy and integrity of this document High Court Chandigarh
3 issues framed by the court
Whether a mortgagee can claim ownership by efflux of time without redeeming the land.
Whether subsequent dismissal of plaintiff's suit for possession and appeal was sustainable.
Whether the question of ownership by efflux of time is covered by existing full bench judgment.
Colour shows how this judgement treated each authority
Ram Kishan and others vs. Sheo and othersFollowed¶34
Ram Kishan and others vs. Sheo and others 2008(1) RCR (Civil) 334
Hareet Singh
Gurpiar Singh
RAKESH KUMAR GARG
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
