IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Regular Second Appeal No.1028 of 1983 (O&M) Date of decision: 13.12.2011 Mohan Singh (deceased) through his LRs. ...Appellant versus Smt. Sham Kaur (deceased) through her LRs. ....Respondent CORAM: HON’BLE MR. JUSTICE K. KANNAN ---- Present: Mr. Sanjay Majithia, Senior Advocate, with Mr.Gourav Chopra, Advocate, for the appellant. Mr. Shailender Kumar, Advocate, for respondent. ---- 1. Whether reporters of local papers may be allowed to see the judgment ? No. 2. To be referred to the reporters or not ? No. 3. Whether the judgment should be reported in the digest ? No. ---- K.Kannan, J. (Oral) 1. The appeal is at the instance of the defendant, who resisted a suit filed by a mortgagee contending that he had become the owner in view of the fact that the mortgagor had not redeemed the mortgage within a period of 30 years. I have already held that the right to redeem cannot be lost unless there is a decree that foreclosed the right or the right is lost by conduct of parties that discharged mortgage and allowed for possession in any other capacity. The plaintiff's suit had been decreed by the Courts below and the appeal by the defendant shall succeed in terms of the view that this Court Regular Second Appeal No.1028 of 1983 (O&M) - 2 - had taken in Ram Kumar and others Versus Mohinder and others in RSA No.2628 of 1982, decided on 08.11.2011. 2. The appeal is allowed with costs. (K. KANNAN) JUDGE 13.12.2011 sanjeev