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2015 DIGILAW 1119 (HP)

RAMESH CHAND ALIAS RAMESHWAR v. PREM SINGH

2015-08-17

SANJAY KAROL

body2015
JUDGMENT : SANJAY KAROL, J. 1. Appeal stands admitted on the following substantial question of law:- "Whether the Courts below erred in holding that there is no limitation for the retention of mortgage in the case of usufructuary mortgage? 2. The question raised in the present appeal is not longer res integra and stands answered by Hon'ble the Supreme Court of India in Singh Ram v. Sheo Ram and others (2014) 9 Supreme Court Cases 185, wherein it is held that in a case of usufructuary mortgage, mere expiry of period of 30 years from the date of operation of the mortgage, does not extinguish the right of the mortgagor under Section 62 of the Transfer of Property Act, 1882. 3. In the instant case, the Courts below, concurrently have held that merely by way of efflux of time, plaintiff, namely, Ramesh Chand cannot be held to be owner with regard to the suit property, which stood mortgaged by the predecessor-in-interest of the defendants. Mere failure on the part of the mortgagor to redeem the property within a period of 30 years, would not automatically confer title upon the mortgagee. In view of the aforesaid position of law, the present appeal being devoid of merit, is dismissed, so also pending application(s), if any.