RSA No.1940 of 1989 -: 1 :- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH RSA No.1940 of 1989 Date of decision: July 12, 2011. Tara Singh & Nachhattar Singh sons of Boota Singh ... Appellant(s) v. Ram Singh & Another ... Respondent(s) CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Shri D.S. Brar, Advocate, for the appellant(s). Shri P.S. Kang, Advocate, for the respondents. Kanwaljit Singh Ahluwalia , J. (Oral): Ram Singh and Khem Singh instituted a suit for declaration to the effect that they have become owners and are in possession of the suit land, detail and description of which was given in the head-note of the plaint. It was pleaded in the suit that defendant Boota Singh, who was represented by Tara Singh and Nachhattar Singh, has lost his right of redemption being time barred. The trial court decreed the suit and held that plaintiffs Ram Singh and Khem Singh have become owners in possession of the suit land by lapse of time; the said right of the defendant to redeem the land is barred by time. Aggrieved against the same, an appeal was filed by the legal representatives of Boota Singh. The appeal was also dismissed. RSA No.1940 of 1989 -: 2 :- The only substantial question of law which arises for consideration of this Court is as to whether right of the mortgagee to redeem the land can lapse by efflux of time and will be barred by way of limitation. Counsel for the appellants has relied upon a Full Bench judgment of this Court in Ram Kishan & Ors. v. Sheo Ram & Ors., AIR 2008 P&H 77 wherein it was held that 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. In para 48 of the judgment, the Full Bench held as under:- “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.” Shri P.S. Kang, Counsel appearing for the respondents, has very fairly stated that he will not be in a position to controvert the legal position authentically pronounced by the Full Bench of this Court in Ram Kishan's case (supra). In view of the law laid down by the Full Bench Ram Kishan's case (supra), the present appeal is accepted. The suit filed by the respondent-plaintiffs is dismissed with no order as to costs. [Kanwaljit Singh Ahluwalia] July 12, 2011. Judge kadyan