Ravinder Singh & ORS v. Jarnail Kaur And ORS

RSA No.219 of 2014 (O&M) {1}

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH RSA No.219 of 2014 (O&M) Date of decision:10.08.2016 Ravinder Singh and others ... Appellants Vs.

Jarnail Kaur and others ... Respondents

CORAM:

HON'BLE MR. JUSTICE AMIT RAWAL Present:- Mr. Parvinder Singh, Advocate for the appellants.

AMIT RAWAL J. (Oral) Appellant-plaintiffs are aggrieved of the dismissal of the suit seeking declaration vis-a-vis ownership on the ground that respondentdefendants have lost their right to seek redemption owing to the expiry of 30 years, in essence, possession was for 30 years. Both the Courts below have non-suited the appellants. In the absence of any period prescribed in the mortgage deed, seeking redemption, it has now been laid down by the Hon'ble Supreme Court in Singh Ram (D) through LRs. vs. Sheo Ram and others 2014(4) R.C.R (Civil) 179, that there is no time limit to seek redemption and rightly so, both the Courts below have non-suited the appellant-plaintiffs in not granting the declaration as the defendants have a right to seek possession.

In view of the aforementioned observations, I do not intend to differ with the findings rendered by both the Courts below which are based Savita 2016.08.16 10:24 I attest to the accuracy and integrity of this document High Court Chandigarh

RSA No.219 of 2014 (O&M) {2} upon the appreciation of oral and documentary evidence, much less, no substantial question of law arises for adjudication of the present appeal. Accordingly, the appeal stands dismissed.

(AMIT RAWAL) JUDGE August 10, 2016 savita Wheather speaking/reasoned Yes/No Whether Reportable Yes/No Savita 2016.08.16 10:24 I attest to the accuracy and integrity of this document High Court Chandigarh