Rameshwar & ANR v. Beer Singh & ORS

RSA No.753 of 2016 (O&M) -1IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH RSA No.753 of 2016 (O&M) Date of Decision.20.12.2018 Rameshwar (since deceased) through LRs and another ....Appellants Vs Beer Singh and others

...Respondents

CORAM:HON'BLE MR. JUSTICE AMIT RAWAL

Present:

Mr. Virendra Rana, Advocate for the appellants.

-.- AMIT RAWAL J. (ORAL) The appellants-defendants have not been successful in defending the suit for redemption of registered mortgage deed dated 27.07.1950 reflected in the mutation before the trial Court as well as in appeal.

Mr. Rana, learned counsel appearing for the appellants submitted that the suit was filed in the year 2012. By that time, limitation of 30 years for redemption of mortgage had elapsed and therefore, suit was not maintainable.

I am afraid aforementioned argument is not sustainable, for, in view of the law laid down by Hon'ble Supreme Court in Singh Ram Vs. Sheo Ram 2014 (9) SCC 185, when there is no time line to redeem the mortgaged land, there is no limitation for redemption of mortgage.

In this view of the matter, concurrent finding of fact and law rendered by the Courts below cannot be faulted with, much less, no substantial question of law arises for determination by this Court. PANKAJ KUMAR 2019.01.03 12:05 I attest to the accuracy and integrity of this document

RSA No.753 of 2016 (O&M) -2No ground for interference is made out. Resultantly, the second appeal is dismissed.

(AMIT RAWAL) JUDGE December 20, 2018 Pankaj* Whether Reasoned/Speaking Yes Whether Reportable No PANKAJ KUMAR 2019.01.03 12:05 I attest to the accuracy and integrity of this document