AIR 2011 PUNJAB AND HARYANA 75

Punjab And Haryana High Court

Hon'ble Judge(s): Sabina , J

Transfer of Property Act (4 of 1882) , S.60— Limitation Act (36 of 1963) , Art.61— Suit for declaration and possession of mortgaged property - Mortgage was for period of 2 years - Expiry of limitation period to get property redeemed - Right of mortgagor would stand extinguished - Declaration of title in favour of mortgagees, proper. Where no time limit has been fixed for redemption, the right to seek redemption would not arise on the date of mortgage but @page-PunjHar76 will arise on the date when mortgagor pays or tenders to the mortgagee or deposits in the Court, the mortgage money or balance thereof. However, where the mortgage was for a period of two years and the suit for declaration of title by mortgagees had been filed after the limitation to get the land redeemed by the mortgagor had expired, the suit decreed in favour of mortgagors would be proper. As per Article 61 of the Limitation Act, 1963, a mortgagor can redeem or recover possession of the immovable property mortgaged within 30 days when the right to redeem or to recover the possession accrues. Since the mortgage was for a period of two years, the limitation of redeem the suit the suit land expired in July, 2005. The suit was filed by the plaintiffs mortgagees on 22-8-2005. At the time of filing of the suit the right of the mortgagor to get the suit....