SIS RAM Vs. PEHLAD AND ORS.

JUDGEMENT

(1.) THIS appeal is directed against the judgment and decree dated 10.10.1987 passed by Addl. District Judge, Narnaul, vide which judgment and decree dated 29.07.1985 passed by learned Sub -Judge IIIrd Class, Rewari, was upheld. Cross -objection No. 6 -C of 1989 have also been filed by respondent No. 2 -Bank against the impugned judgment and decree. It is relevant to note that no such cross -objections were filed before the lower appellate Court against the judgment and decree of trial Court.

(2.) FACTS are briefly noted as under: -

(3.) THE stand of defendant No. 2 -Bank was that the plaintiff himself appeared before the Sub -Registrar and executed the impugned attorney in favour of defendant No. 1. Mortgage deed in question was claimed to be legal and operative qua the rights of the plaintiff.