For a long time there has been divergence of opinion among Judges of Hon’ble Supreme Court as well as Judges of Hon’ble High Court, Punjab and Haryana on the point whether there is any limitation for the usufructuary mortgage redemption. Latest judgment of Hon’ble S.C. on this point is case of Harbans v. Om Prakash, 2006 (1) ACJ 98. In this judgment it has been held by Hon’ble S.C. that there is no limitation to get the usufructuary mortgage redeemed. However this judgment has been passed per incuriam. First of all Section 61 of Limitation Act itself provides limitation as 30 years to get the property redeemed from the date when right to redeem accrues, but this provision has not been noticed by Hon’ble S.C. while deciding abovementioned case. Secondly, judgment relied upon by Hon’ble S.C. of Gangadhar v. Shankarlal, reported in AIR 1958 SC 770 was not a precedent for this proposition of law. If we go through the facts of that case then sa ....