PATEL RAMANLAL ISHWARDAS Vs. PATEL AMTHABHAI NAROTTAMDAS

JUDGEMENT

(1.) In this revision application under sec. 115 Code of Civil Procedure the petitioner has challenged the order passed below ex. 83 in Regular Civil Suit No. 120 of 1974 by the learned Civil Judge (J.D.) Vijapur. In order to appreciate the grievance of the petitioner a few relevant facts are required to be noted at the outset

(2.) The petitioner is the owner of agricultural land bearing S. No. 28 situated on the outskirts of village Kalavada in Vijapur taluka at Mehsana district. It was mortgaged with possession with the present opponent on 4 by registered dated. After the period of mortgage was over the petitioner served a notice of redemption and as it was not complied with the was compelled to file the above suit in the trial court for redemption of the mortgaged field and possession thereof.

(3.) In the written statement ex. 17 the present opponent-defendant contended that he had been the tenant of the suit field even prior to the date of mortgage i.e. prior to 4-10-1949 and therefore often if the mortgage is redeemed his possession could not he disturbed. The aforesaid plea squarely fell within four corners of sec. 25A of the Tenancy Act. The said provision reads as under:-