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Kuldeep Kumar Pathak vs State Of Up on 27 January, 2017

Bench: Dipak Misra, D.Y. Chandrachud

     SLP(C) 11267/14
                                                             1

     ITEM NO.60                                   COURT NO.2                         SECTION IVB

                                       S U P R E M E C O U R T O F           I N D I A
                                               RECORD OF PROCEEDINGS

     Petition(s) for Special Leave to Appeal (C) No.11267/2014

     (Arising out of impugned final judgment and order dated 29/01/2014
     in RSA No. 3319/1987 passed by the High Court of Punjab & Haryana
     at Chandigarh)


     HARBANS SINGH                                                                    Petitioner(s)

                                                            VERSUS

     PIARA SINGH (D) THR.LRS. & ORS.                                                  Respondent(s)

     (With appln. (s) for exemption from filing c/c of the impugned
     judgment and interim relief and office report)


     Date : 27/01/2017 This petition was called on for hearing today.


     CORAM :
                                    HON'BLE MR. JUSTICE DIPAK MISRA
                                    HON'BLE DR. JUSTICE D.Y. CHANDRACHUD


     For Petitioner(s)                     Mr. Jagjit Singh Chhabra, Adv.
                                           Mr. Sudarshan Singh Rawat, AOR

     For Respondent(s)                     Mr. Dinesh Chandra Pandey, AOR
                                           Mr. Tushar Sharma, Adv.
                                           Mr. Rajiv Gurung, Adv.


                                UPON hearing the counsel the Court made the following
                                                   O R D E R

Heard Mr. Jagjit Singh Chhabra, learned counsel for the petitioner and Mr. Dinesh Chandra Pandey, learned counsel for the respondents.

We have been apprised at the Bar that the CHETAN KUMAR Date: 2017.01.28 13:47:42 IST Reason: controversy involved in this case was the subject matter of a reference before a three-Judge Bench in Singh Ram (D) Thr. Lrs. vs. Sheo Ram and Others (2014) 9 SCC 185. The SLP(C) 11267/14 2 three-Judge Bench, after discussing the earlier judgment of this Court and other judgments of various High Courts, has come to hold as follows:-

“We, thus, hold that special right of usufructuary mortgagor under Section 62 of the TP Act to recover possession commences in the manner specified therein i.e. when mortgage money is paid out of rents and profits or partly out of rents and profits and partly by payment or deposit by the mortgagor. Until then, limitation does not start for the purposes of Article 61 of the Schedule to the Limitation Act. A usufructuary mortgagee is not entitled to file a suit for declaration that he had become an owner merely on the expiry of 30 years from the date of the mortgage. We answer the question accordingly.” In view of the aforesaid, the present special leave petition has to pave the path of dismissal and, accordingly, we so direct. There shall be no order as to costs.

             (Chetan Kumar)                       (H.S. Parasher)
              Court Master                          Court Master