- (1.) This judgment will dispose of RSA No.4198 of 2011 titled Nafe Singh & others v. Shakti Singh & others and RSA No.5000 of 2011 titled Madan & others v. Jai deep and others, arising out of common judgment dated 28.05.2011 passed in Civil Appeal (RBT) No.41 of 08.04.2011 and 42 of 08.04.2011 by the Additional District Judge, Sonepat.
(2.) The appellants filed separate suits challenging the order of redemption dated 13.07.2006 passed by Collector, Sonepat allowing the redemption of the suit land. The plea of the appellant is that they are mortgagees of suit land as fully defined in the headnote of the plaint from the time immemorial and with the lapse of time have become owner by prescription.
(3.) The claim of the appellants was contested in the joint written statement on the ground that the mortgage in favour of appellants was usufructuary mortgage and there is no limitation provided for seeking redemption of usufructuary mortgage.;