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2008 Supreme(P&H) 709

RAKESH KUMAR JAIN
Harbhajan Singh – Appellant
Versus
Naranjan Singh – Respondent


Advocates:
For the Appellant:Mr. S.K. Jain, Advocate.
For the Respondents:Mr. F.S. Virk, Advocate.

JUDGMENT

Rakesh Kumar Jain, J.:-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 ½ 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. He claimed in the plaint that Baldev singh, predecessor-ininterest 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











































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