A.L. Bahri, J. - (1.) Harnam Kaur plaintiff has filed this second appeal against the concurrent decisions of the two courts below, dismissing her suit for possession through redemption of land measuring 52 Kanals 11 Marlas situated in village Jhanjoti, Tehsil Ajnala, district Amritsar, on payment of Rs. 3632, the mortgage amount.
(2.) There were,three separate mortgage transactions which took place before consolidation proceedings were taken in the village. The details of the mortgages were given as under:- (i) Vide mutation Exhibit P. 4 dated 6th April, 1921, mortgage was created for Rs. 1400/- of land comprising different khasra numbers as mentioned in the mutation. (ii) Vide mutation Exhibit P. 5 of Kharif 1923 land comprising two Khasra Numbers 193 and 206 was mortgaged for Rs. 1000/-. (iii) Vide mutation Exhibit P. 2, 14 Kanals 15 Marlas of land of two Khasra Numbers 207 and 208 was created for Rs. 1222/-. The date of the mutation is 18th March, 1990. The original owner of the land was Suba Singh. He left behind his widow Dial Kaur, who died on 28th March, 1962. As per her will dated 11th July, 1959, she bequeathed all her movable and immovable properties in favour of Harnam Kaur plaintiff. Thus, Harnam Kaur filed the suit for redemption.
(3.) The defendants contested the suit inter alia alleging that the plaintiff bad no locus standi to file the suit. Particulars of the mortgage deed as required by law were not given in the plaint. The suit was filed after 8 years of the dismissal of an application filed for redemption of the land by the Collector under section 4 of the Punjab Redemption of Mortgages Act. The defendants claimed to have become owners of the suit land through adverse possession. The following issues were framed in the suit:- (1) Whether the suit is liable to be stayed under section 10 C.P.C.? OPD (2) Whether Smt. Dial Kaur made a valid Will dated 11th July, 1959 concerning the suit land in favour of the plaintiff? OPP (3) Whether the plaintiff has locus standi to file this suit? OPP (4) WheTher plaintiff is entitled to redeem the suit land. If so on payment of what amount? OPP (5) Whether the defendants are owners of the suit land by adverse possession. If so, its effect? OPD (6) Whether the suit is within time? OPP (6-A) Whether the plaintiff had filed an application for redemption under section . of the Redemption of Mortgages Act? If so, whether the application was dismissed and the present suit was filed within one year thereof. If not, to what effect? (7) Relief.;