RAKESH KUMAR JAIN,J. - (1.) THIS order shall dispose of two R.S.As bearing No. 652 of 1997 and R.S.A. No. 841 of 2003 which was ordered to be heard with R.S.A. No. 652 of 1997 vide order dated 07-03-2003 passed in R.S.A. No. 841 of 2003.
(2.) IN brief, I will first narrate the facts of R.S.A. No. 652 of 1997. Naranjan Singh filed a suit for declaration to the effect that he is in possession of land measuring 01K-8-1/2 M out of land measuring 02K-17M described in Khewat No. 49 Khatauni No. 66, Rect. No. 23 Kila No. 22/3, situated at village Ladhran, Tehsil Samrala as a mortgagee and be declared as owner since the limitation of 30 years to redeem the mortgage has expired. He claimed in the plaint that Baldev singh, predecessor-in-interest of defendants No. 1 to 3 was the owner of 02K-17M of land which was mortgaged to the extent of 1/2 share each to plaintiff Naranjan Singh and to Bakhtawar Singh on 14-07-1945 with possession. Since, the land was mortgaged prior to the consolidation, therefore, in the Jamabandi for the year 1946-47, it was recorded as Kila No. 53, Khewat No. 41, Khatauni No. 92 (1B-0B-17B). After the consolidation that Khasra nos. has been converted to Khasra No. 53 as described in Khewat No. 53, Khatauni No. 70 as per Jamabandi for the year 1974-75. It was also claimed in the plaint that defendant No. 1 had filed an application for redemption in the Court of Collector, Samrala in respect of the mortgaged land which was dismissed on 09-10-1986 in which it was clearly mentioned that the mortgage is 30 years old and the time for redemption has elapsed.
(3.) IN the written statement, defendant No. 1 claimed that the land has already been redeemed by him and that defendant No. 2 who is lunatic, suit against him was not maintainable as it has not been filed through his near relation or next friend.;