- (1.) This Regular Second Appeal is directed against the judgment and decree dated 17-9-2001 passed by the Additional District Judge, Gurdaspur, allowing the appeal preferred by respondent-plaintiff against the judgment and decree dated 4-12-1995, passed by Sub Judge Ist Class, Gurdaspur.
(2.) Briefly stated the facts as emerge from the record are that respondent herein Anil Kumar claiming himself to be the owner of the land measuring 9K- 7M, situated at village Behrampur made an application under Section 4 of the Redemption of the Mortgages (Punjab) Act, 1913, before the Collector, claiming redemption of the property said to be mortgaged, vide mortgage deed dated 15-7-1968 in favour of Sain Dass son of Shri Sawan Mal for an amount of Rs. 3500/-. This application came to be rejected by the Collector, vide order dated 31-3-1989.
(3.) Aggrieved of the order of rejection of the application, respondent filed a suit for declaration seeking annulment of the order of the Collector and further prayed for possession by redemption of the suit property in the Court of Sub Judge Ist Class, Gurdaspur. 3A. The trial Court framed following three issues :- 1]. Whether the suit is bad of non-joinder and misjoinder of necessary parties ? OPD 2]. Whether the order of the Collector, Gurudaspur dated 31-3-1989 is illegal, as alleged in the plaint? OPP 3]. Relief.;