“Once a mortgage always a mortgage” -SC

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.

Order Date - 25.09.2021

RAM RATTAN (DEAD) BY LRS.  VERSUS DEVI RAM & ORS.