SATPAL Vs. ROHTASH KANWAR

JUDGEMENT

(1.) THIS order shall dispose of four appeals bearing R.S.A. Nos. 2868, 2869, 2870 and 2874 of 2013 as common question of law is involved in all of them. The plaintiffs filed suit for declaration that by afflux of time, they have become owners of the land which is in their possession as mortgagees. Both the Courts below dismissed the suit of the plaintiffs in view of the Full Bench decision of this Court in the case of "Ram Kishan and others v. Sheo Ram and others", : (2008 -1) 149 P.L.R. 1 (F.B.), in which it has been held that there is no limitation to redeem the land in case of usufructuary mortgage.

(2.) LEARNED counsel for the appellants has argued that the Full Bench of the Himachal Pradesh High Court has taken a contrary view in the case of "Bhandaru Ram (Deceased) through his L.R. Rattan Lal v. Sukh Ram, : 2 A.I.R. 2012 (H.P.) 1, and also the view expressed by the Full Bench of this Court in the case of Ram Kishan and others (supra), is under challenge before the Supreme Court, therefore, these appeal may be adjourned sine die to await the decision of the Supreme Court.