CHHANGA Vs. KEDAR AND OTHERS

JUDGEMENT

(1.) This is an application in revision Under Sec. 115 of the CPC.

(2.) It appears that an application Under Sec. 12 of the UP Agriculturists' Relief Act was made on the basis of mortgage-deed executed on 10-10-1903. The applicant claimed to be the legal representative of the mortgagor and the opposite parties were said to be the legal representatives of the deceased mortgagees. Various contentions were raised but the only contention, which is material of the decision of this application, is whether it was open to the applicant to rely on oral evidence Under Sec. 24 (2) of the UP Agriculturists' Relief Act. No documentary evidence, as required by Sec. 24 of the Act, was produced by the applicant, and the lower appellate court refused to rely on oral evidence. It is now contended that this view was incorrect.

(3.) Sec. 24 (2) of the UP Agriculturists' Relief Act is as follows:-