LAWS(ALL)-1950-3-3

PRITHI SINGH Vs. GANESH PD SINGH

Decided On March 14, 1950
PRITHI SINGH Appellant
V/S
GANESH PD.SINGH Respondents

JUDGEMENT

(1.) This, a plaintiff's application in revision under Section 115, Civil P. C., against a decree of the learned Civil Judge, Banaras, affirming a decree of the Additional Munsif, Banaras, in proceedings under Section 12, U. P. Agriculturists' Relief Act.

(2.) The mortgage in question was a usufructuary mortgage dated 23-5-1902, executed by the plaintiff's father, Payag Singh, in favour of the defendant's ancestor in respect of twelve bighas of land, a part of which lay in the Banaras district and the balance within the Banaras State territory. The mortgagee lived within the said district and the mortgage deed also was executed there.

(3.) In defence, the mortgagee had raised a number of pleas, one of which was that the suit, in so far as it related to lands within the Banaras State, was not maintainable. In this revision we are concerned only with this plea, although a number of subsidiary points were also raised with which I shall have to deal to restrict the duration of the suit.