KEHAR SINGH Vs. JEON SINGH PARTAP SINGH

JUDGEMENT

(1.) THIS is a plaintiff's appeal against the decree of the Subordinate Judge. 1st Class, Barnala dismissing his suit for the recovery of Rs. 6,000/ -.

(2.) ACCORDING to the allegations of Kehar Singh, plaintiff, Jeon Singh defendant, owed him Rs. 5,400/- and in lieu thereof on 14-3-1955 he mortgaged his land measuring 37 bighas and 17 biswas with possession with the plaintiff for Rs. 6,000 after having received Rs. 600 in cash from him by an unregistered deed, exhibit P. D. On 15-3-1955 the defendant got a report regarding this mortgage entered in the roznamcha of the Patwari, which bore the thumb-marks of both the plaintiff and the defendant. The defendant failed to give possession of the land to the plaintiff after the execution and completion of the deed and he also did not get the mutation sanctioned. He did not even return the amount of Rs. 6,000/- to the plaintiff, which necessitated the filing of the Present suit for its recovery.

(3.) THE suit resisted by the defendant, who controverted all the allegations made by the plaintiff. He pleaded that neither he owed any debt to the plaintiff nor did he execute any mortgage-deed in his favour. According to him, if any deed was proved to have been executed, the same was without consideration.