The plaintiff is in appeal before this Court.
The plaintiff is the Mortgagee under Ram Lal,
Mortgagor. The grievance of the appellants is that
the Mortgage was 45 years before filing of the suit,
therefore, they have become owners of the suit
property. The Full Bench of Punjab and Haryana High
Court, in “Ram Kishan & Ors. Vs. Sheo Ram & Ors.”,
has held that there is no limitation period in case
of usufructuary mortgage. “Once a mortgage always a
mortgage” was the principle applied. The said
Judgment has been upheld by this Court in “Singh Ram
(D) Through LRS Vs. Sheo Ram & Ors.” reported in
(2014) 9 SCC 185.
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 1541 OF 2011
RAM RATTAN Vs DEVI RAM
Dated: OCTOBER 07, 2021.
Office Report dated 25.09.2021 shows that since
the erstwhile counsel appearing for the appellants
has been designated as Senior Advocate, notice of
alternative arrangement was issued to all the
appellants. It is reported that notices have been
delivered to the appellants, but no one has entered
appearance on their behalf.
Hence, service is treated as complete in the
matter.
The plaintiff is in appeal before this Court.
The plaintiff is the Mortgagee under Ram Lal,
Mortgagor. The grievance of the appellants is that
the Mortgage was 45 years before filing of the suit,
therefore, they have become owners of the suit
property. The Full Bench of Punjab and Haryana High
Court, in “Ram Kishan & Ors. Vs. Sheo Ram & Ors.”,
has held that there is no limitation period in case
of usufructuary mortgage. “Once a mortgage always a
mortgage” was the principle applied. The said
Judgment has been upheld by this Court in “Singh Ram
(D) Through LRS Vs. Sheo Ram & Ors.” reported in
(2014) 9 SCC 185.
In fact, there is a reference to the Special
Leave Petition filed against the decision of Full
Bench. It is the same Special Leave Petition which
has been decided in Singh Ram (D) (Supra).
In view of above, the civil appeal is dismissed.
Pending interlocutory application(s), if any,
is/are disposed of.
.......................J.
[ HEMANT GUPTA ]
.......................J.
[ V. RAMASUBRAMANIAN ]
New Delhi;
OCTOBER 07, 2021.
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