JAGPAL SINGH AND OTHERS Vs. JAGGAN AND OTHERS

JUDGEMENT

(1.) KISHANA defendant and his brother Jugla had taken certain amounts on loan from Jitan, predecessor -in -interest of Jagpal Singh and others (Plaintiffs), Jugla the other debtor is dead and he is represented by his widow and sister, who are also defendants. Since the debtors failed to discharge their liability it is said they agreed to sell the suit property in lieu of the debts to Jitan. The successors -in -interest of Jitan have filed the present suit for specific performance. In the course of the trial, one of the plaintiffs was examined. The two Bahi entries Exhibits P.W. 8/O and P.W 7/O relied on by him were exhibited. Shortly thereafter, the trial Court formed the view that these documents had created mortgage in favour of Jitan. As they did not bear the requisite stamp, they were impounded by the impugned order.

(2.) IN support of his argument that the impugned order is revisable, learned counsel for the plaintiffs -petitioner has placed reliance on S. Rangaraju Naidu v. D.S. Kamesan : A.I.R. 1953 Mad. 698 and Lala Uttam Chand v. Perma Nand : A.I.R. 1942 Lah. 265 accordingly, I entertain this petition.