R.S.A No. 1379 of 1985 ::1:: IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH R.S.A No. 1379 of 1985 Date of decision : July 22, 2009 Shrimati Rajinder Kaur and others, ...... Appellant (s) v. Puran Singh (dead) through his L.Rs ...... Respondent(s) *** CORAM : HON'BLE MR.JUSTICE AJAY TEWARI *** Present : Mr. Harkesh Manuja, Advocate for the appellants. Mr. B.S.Bhalla, Advocate for the respondents. *** 1. Whether Reporters of Local Newspapers may be allowed to see the judgment ? 2. To be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest ? *** AJAY TEWARI, J (Oral) This appeal has been filed against the judgment of the learned lower appellate Court reversing that of the trial Court and thereby decreeing the suit of the plaintiff-respondents to the effect that they have become owners of the suit land since the appellants (mortgagees) did not redeem the same within 30 years. The matter is now squarely covered by a decision of this Court in Ram Kishan vs Sheo Ram, 2008(1) RCR (Civil)334, wherein a Full Bench held as follows :- R.S.A No. 1379 of 1985 ::2:: “ 42. Therefore, we answer the questions framed to hold that in case of usufructuary mortgage, where no time limit is fixed to seek redemption, the right to seek redemption would not arise on the date of mortgage but will arise on the date when the mortgagor pays or tenders to the mortgagee or deposits in Court, the mortgage money or the balance thereof. Thus, it is held that once a mortgage always a mortgage and is always redeemable.” Counsel for the respondents has not brought any judgment which may have the effect of eroding the above judgment. In the circumstances, it has to be held as a point of law that no limitation is prescribed for redemption of usufructuary mortgage and, thus, the suit of the respondents has to be dismissed. Consequently, this appeal is allowed, the judgment and decree of the lower appellate Court is set aside and that of the trial Court is affirmed. ( AJAY TEWARI ) July 22, 2009. JUDGE `kk'