R.S.A.No.3795 of 2008 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH R.S.A.No.3795 of 2008 Date of Decision : 24.08.2009 Mukhtiar Singh ...Appellant Versus Jagdish and others ...Respondents CORAM:HON'BLE MR. JUSTICE HEMANT GUPTA 1. Whether Reporters of local papers 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? Present: Mr. Pritam Saini, Advocate, for the appellant. HEMANT GUPTA, J. (ORAL) The plaintiff is in second appeal aggrieved against the judgment and decree passed by the Courts below, whereby the suit for declaration that the plaintiffs have become owner of the suit land due to efflux of time, was dismissed. It has been found by both the Courts below that the land was redeemed vide order dated 20.7.1978 passed by the Collector, Thanesar, under Section 4 of the Punjab Redemption of Mortgage Act, 1913. It has been found that said order has not been challenged within the period prescribed and, therefore, the appellants are not entitled to dispute the order of redemption passed by the Collector. The said reasoning given by the Courts below cannot be said to be illegal in any manner. Even otherwise, the appellants are the usufructuary mortgagees. R.S.A.No.3795 of 2008 2 In terms of Full Bench judgment in Ram Kishan and others Vs. Sheo Ram and others AIR 2008 Punjab & Haryana 77, the appellants have no right to seek declaration of their title on account of failure of the mortgagor to redeem the land within 30 years from the date of mortgage. In view of the above, I do not find that any substantial question of law arises for consideration by this Court in second appeal. Dismissed. 24.8.2009 (HEMANT GUPTA) Vimal JUDGE