Supreme Court - Daily Orders
Ram Rattan (Dead) By Lrs. vs Devi Ram on 7 October, 2021
Bench: Hemant Gupta, V. Ramasubramanian
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 1541 OF 2011
RAM RATTAN (DEAD) BY LRS. Appellant(s)
VERSUS
DEVI RAM & ORS. Respondent(s)
O R D E R
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.”, Signature Not Verified Digitally signed by Jayant Kumar Arora Date: 2021.10.09 has held that there is no limitation period in case 12:37:14 IST Reason: of usufructuary mortgage. “Once a mortgage always a mortgage” was the principle applied. The said 2 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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ITEM NO.106 COURT NO.11 SECTION IV
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Civil Appeal No(s). 1541/2011 RAM RATTAN (DEAD) BY LRS. Appellant(s) VERSUS DEVI RAM & ORS. Respondent(s) Date : 07-10-2021 This appeal was called on for hearing today. CORAM : HON'BLE MR. JUSTICE HEMANT GUPTA HON'BLE MR. JUSTICE V. RAMASUBRAMANIAN For Appellant(s) For Respondent(s) Mr. Atul Sharma, AOR UPON hearing the counsel the Court made the following O R D E R The Civil Appeal is dismissed in terms of the signed order. Pending interlocutory application(s), if any, is/are disposed of.
(JAYANT KUMAR ARORA) (RENU BALA GAMBHIR) COURT MASTER COURT MASTER
(Signed order is placed on the file)