LAKSHMI SHANKER TEWARI Vs. RAMA KANT

JUDGEMENT

(1.) This is an application in revision against an appellate order arising out of a case for redemption under Section 12, U. P. Agriculturists' Relief Act.

(2.) The plaintiffs in the case are the donees of the property mortgaged from the widow of the mortgagor. The property mortgaged and the property transferred by the deed of gift is occupancy holding. The deed of gift is, therefore, void, and does not confer any title on the donees. They are, therefore, not entitled to maintain the application for redemption of the mortgage. The lower appellate Court has, however, held that they are entitled to maintain the application not because the gift is a valid gift, but because, in the opinion of the learned Judge, the mortgagee has no right to question the gift. In my opinion this view of the learned Judge is not well founded. The gift being void anybody can plead that it has not passed any title to the donees. Thus it is clear that the judgment of the Court below is erroneous, and the application should have been dismissed.

(3.) The question for consideration, however, is whether the case fulfils the requirements of Section 115, Civil P. C., and whether the order of the lower appellate Court can be interfered with in revision.