R.S.A.No.2566 of 2006 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH R.S.A.No.2566 of 2006 Date of Decision : 10.8.2009 Jagtar Singh and others ...Appellants Versus Santokh Singh and others ...Respondents CORAM:HON'BLE MR. JUSTICE HEMANT GUPTA Present: Mr. K.S.Boparai, Advocate, for the appellant. Ms. Pooja Chopra, Advocate, for respondent Nos. 1 and 2. HEMANT GUPTA, J. (ORAL) The plaintiffs are in second appeal aggrieved against the judgment and decree passed by the learned first Appellate Court, whereby suit for declaration that the plaintiffs are the joint owner in possession of land measuring 4 Kanals out of land measuring 8 Kanals 11 Marlas on account of failure of the defendants to redeem the mortgage within 30 years from the date of mortgage i.e. 27.5.1946, was dismissed in appeal. It is the case of the plaintiffs that one Khazana Singh was the owner of the land and he mortgaged the same with possession in favour of one Santa Singh i.e. forefather of the plaintiffs on 27.5.1946. Mutation was also entered in the revenue records, but since the mortgagors have failed to redeem the land within the period prescribed of 30 years, therefore, the plaintiffs have become owner of the same. The said issue, whether 30 years is a prescribed period to R.S.A.No.2566 of 2006 2 redeem usufructuary mortgage came up for consideration before a Full Bench of this Court in Ram Kishan and others Vs. Sheo Ram and others 2008 A.I.R. (Punjab) 77. It was held that a mortgagee is not entitled to declaration of ownership on account of failure of the mortgagor to redeem the land within 30 years. It was held that there is no period of limitation for redemption of a usufructuary mortgage. In view of the said fact, I do not find that any substantial question of law arises for consideration of this Court in second appeal. Dismissed. 10.8.2009 (HEMANT GUPTA) Vimal JUDGE