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august 2018

Supreme Court of India · 2018-08-28

Bir Singh vs Ram Kanwar Singh(D) Th. Lrs

Citation / case number
AIRONLINE 2018 SC 249
Court
Supreme Court of India
Petitioner
Bir Singh
Respondent
Ram Kanwar Singh(D) Th. Lrs
Author
R. Banumathi
Bench
Vineet Saran, R. Banumathi

Judgment text excerpt

The Supreme Court dismissed the appeal, affirming that a usufructuary mortgagee cannot claim ownership of the mortgaged property merely by the passage of time, as established in Singh Ram (Dead) Thr. Legal Representatives v. Sheo Ram and Others, (2014) 9 SCC 185. The Court reiterated that the right of the mortgagor is not foreclosed by the mere expiry of 30 years, and thus the appellant's claim for ownership was rejected. The permanent injunction in favor of the appellant as a mortgagee was upheld, allowing the respondents to seek redemption in separate proceedings.

Bir Singh vs Ram Kanwar Singh(D) Th. Lrs · Niyam