(1.) The plaintiff, who is the judgment creditor in a mortgage action, is the petitioner in the revision petition. The petitioner filed the Suit No. 416/89 for the recovery of Rs. 70,617.80 on the strength of the mortgaged house by the defendant. The defendant contested the suit, let in evidence, file documents, but did not appear at the time of the argument. The Court framed the following issues for determination:-
(2.) On the second Issue, the learned Judge, who tried the suit, gave the following finding:-
(3.) The judgment was rendered on the 20th of January, 1994. On the 19th of July, 1994, the judgment debtor paid a sum of Rs. 1,38,803 as per the judgment and decree by the learned Additional District Judge. The judgment debtor/respondent requested the petitioner to return the documents of title. The petitioner gave a reply stating that a sum of Rs. 67,694.90 along with interest @ 15.5.% per annum was due. The respondent, when the petitioner did not give the documents back, filed an application under Order XXXIV Rule 5 CPC.