KHUDA BUX Vs. SUKHAN RAM

JUDGEMENT

(1.) The sole substantial question of law involved in this appeal is as to "whether oral mortgage is permissible in the State, of Haryana since the provisions of Section 59 of the Transfer of Property Act, 1882 [for short "the Act"] are extended vide notification No.S.O.75/C.A.4/1882/S.1/67 dated 05.08.1967?"

(2.) The defendant is in second appeal against judgment and decree of the learned First Appellate Court by which judgment and decree of the learned Trial Court has been reversed and the suit filed by the plaintiff has been decreed.

(3.) In brief, the plaintiff filed a suit for permanent injunction alleging therein that he is in possession of the suit land as Gair Mourusi Bawajah Rehan Jabani for a sum of Rs. 11,500/- and is in its cultivating possession since 1981. He sought permanent injunction on the ground that the defendant is threatening to take forcible possession. It the written statement, the allegation of the plaintiff of advancing Rs.11,500/- as mortgage money to the defendant was denied. It was also denied that the plaintiff is in possession, rather it was alleged that he had got recorded an illegal entry in the Khasra Girdawari in collusion with the revenue authorities on the basis of which the present suit has been filed. The plaintiff filed replication. On the pleadings of the parties, the following issues were framed:-