POORAN MAL BANSAL Vs. CHHUTTO DEVI

JUDGEMENT

(1.) THIS revision Is directed against the decision of Munsif, Agra, decid ing the issue of jurisdiction.

(2.) THE issue about jurisdiction arose in the following circumstances. It ap pears that the plaintiff in the instant suit is successor-in-interest of the mortgagors who had mortgaged the property in dis pute on 8th March 1943 in favour of two persons Sri Hazari Lal Jain and Sri Raghubir Saran for a consideration of Rs. 8500. The mortgage deed which had been executed in favour of these two per sons showed that each one of them had advanced Rs. 4250 and in the mortgage deed it was recited that the mortgage had been executed in favour of the two mort gagors (sic mortgagees) giving them pos session over half of the property. The words used in the mortgage deed are "Ba hissa masawi rehan dakhli klya".This would show that Hazari Lal was put in possession over half of the property for a consideration of Rs. 4250 and Raghubir Saran was put in possession over the other half of the property for a consideration of Rs. 4250. The plaintiff mortgagor acquir ed the interest of one of the mortgagees Sri Hazari Lal whose heir executed a document to this effect In favour of the plaintiff. The plaintiff by the instant suit sought redemption of the mortgage dated 8th March. 1943 and valued the suit at Rs. 4250.

(3.) AN Issue about jurisdiction was rais ed and the Munsif has decided the issue in favour of the plaintiff opposite party necessitating the filing of the present revi sion.