CHUNI Vs. TULSI

JUDGEMENT

(1.) THE petitioner seeks to challenge the order dated 11.8.1993 passed by the Sub Judge Ist Class, Sirsa deciding issue No. 4 against the petitioner and calling upon the respondent to lead evidence in relation to other aspect of the case.

(2.) THE facts leading to the framing of issue No. 4 are that on 2nd of June, 19561, the respondent had mortgaged land in dispute measuring 24 Kanals with the petitioner. The respondent had, on 8th of May, 1991, moved an petition under Section 4 of the Redemption of Mortgages (Punjab) Act, 1913 (hereinafter referred to as "the 1913 Act") before the Collector for redeeming the land and getting its possession. This application was dismissed on 31st of July, 1992, which order was challenged in the Civil Court through the present suit as per the provisions of Section 12 of the 1913 Act. The trial Court, as already indicated, had allowed the application whereupon the petitioner had filed the present revision.

(3.) I have heard Shri L.N. Verma, on behalf of the petitioner and Shri J.R. Mittal, Sr. Advocate, on behalf of the respondent and with their assistance have gone through the record of the case.