HARBHAJAN SINGH Vs. NARANJAN SINGH

JUDGEMENT

(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.

(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.