AMBIKA UPADHAYA Vs. NAKCHED UPADHAYA

JUDGEMENT

(1.) THIS is a civil revision under Section 115 of the Code. The defendant appellant was a mortgagee, and five mortgage deeds were executed in his favour, four of which were for a sum of Rs. 25/- each, while the fifth was for a sum of Rs. 1700/ -. The mortgagor filed an application under Section 12, U. P. Agriculturists Relief Act (17 of 1934) for redemption of the five mortgages. The application was granted, and an appeal against the order was dismissed on 19-9-1949. This civil revision was filed against that order on the ground that the civil Court had no jurisdiction with respect to four of the mortgage deeds.

(2.) SECTION 10, U. P. Agriculturists Relief Act, provides that-

(3.) LEARNED counsel for the opposite party has drawn our attention to a Full Bench decision of the oudh Chief Court in -- 'ram Lakhan v. Bisheshar Misir', AIR 1948 Oudh 214 (B ). It is not necessary for us to consider that decision as in any view of the matter, the suit was riled in the right Court.