VED PARKASH Vs. RATTAN LAL AGGARWAL

JUDGEMENT

(1.) THE plaintiff is in revision petition aggrieved against the order passed by the learned trial Court declining permission to lead secondary evidence in respect of mortgage deed dated 17.10.1963.

(2.) THE plaintiff has filed a suit for declaration to the effect that he has become owner of land measuring 29 Kanals 17 Marlas, as detailed in the plaint, due to passage of time on account of failure of the defendant to redeem the mortgage within the time prescribed. It was alleged that the said land was mortgaged by Tek Chand, predecessor-in-interest of the defendants, vide registered mortgage deed dated 17.10.1963, registered on 19.10.1963, for a sum of Rs. 5,000/-. The defendants denied the execution of the mortgage and asserted possession of Tek Chand over the suit land as owner of the land. On 10.1.1997, defendant No. 3 moved an application before the filing of the written statement for seeking a direction to the plaintiff to produce the original mortgage deed dated 17.10.1963. In reply to such application, it was stated by the plaintiff that the original mortgage deed is not traceable as it has been misplaced somewhere. The plaintiff has tried his best to trace out the original mortgage deed and as and when the same is traced, the plaintiff will produce the same before the Court. It is also stated that in case the plaintiff is not able to find out the original mortgage deed, he will move an application for leading secondary evidence as the mortgage deed dated 17.10.1963 is a registered document.

(3.) AFTER receiving reply on behalf of the defendants, the learned trial Court dismissed such application for the reason that the mortgage deed is a private document executed between the parties and it cannot be proved by producing a certified copy. Still further, there is no mention as to when and under what circumstances the mortgage deed has been lost.