D.S. Tewatia, J. - (1.) This judgment will dispose of Regular Second Appeals Nos. 1067 and 1068 of 1977 in which identical question of law and facts arise except that the measure of the land under mortgage is different and the set of mortgages is different and the set of mortgagees are different. The facts, which have been taken from R.S.A. No. 1067 of 1977, are that Hazara Singh and 6 other Plaintiffs sought a declaration against 29 Defendants, each representing an independent khewat in the village to the effect that the Plaintiffs have become owners of the land, in dispute. The case set up by them was that the land in dispute was owned by Kahna and Chakor sons of Sukha and Mana sons of Lota, residents of Palsaura, as per record pertaining to the year 1852; that these owners had mortgaged the land in dispute with Sh. Dalel Singh and Chanda Singh sons of Lalu, predecessors -in -interest, of the Plaintiffs; that more than 100 years have passed and the land had not been redeemed; that the period of limitation, both under the old Act as also the new Act, having expired, the Plaintiffs have become full owners of the land in dispute and be declared as such. The suit was against the proprietary body and the persons named in the suit were representing all the khewats in the village
(2.) During the proceedings some persons who were mentioned in the written statement as being necessary parties were also allowed to be impleaded as Defendants.
(3.) The trial Court struck following issues: - (1) Whether the suit land is mortgaged with the Plaintiffs and was not redeemed within the prescribed period ? (2) Whether the suit is bad for non -joinder of necessary parties ? (3) Whether the suit is not maintainable in the present form ? (4) Whether the suit is within time ?;