DEVI SINGH Vs. NAZAR

JUDGEMENT

(1.) Plaintiff-appellant is in the regular second appeal against the judgment passed by the courts below, dismissing his suit for possession by way of redemption of the 3 different mortgagees.

(2.) Plaintiff claims that the aforesaid 3 mortgages were usufructuary mortgages, whereas it is the case of the defendants that it was a case of simple mortgage as mortgagees were never put in possession. Hence, it is pleaded that the plaintiff has no right to remain the land after expiry of limitation i.e. 30 years. It is further pleaded case of the defendants that application for redemption of the mortgage filed under Redemption of Mortgagees (Punjab) Act, 1913 was dismissed on 29/9/2006 and, therefore, defendants have become owners thereof.

(3.) In the considered opinion of this Court, following substantial questions of law arise for determination:-