KRISHAN LAL Vs. S PAL SINGH

JUDGEMENT

(1.) THIS is a revision petition directed against the order of the Munsiff Jammu dated 21 -11 -1966 whereby he has held the transfer of a decree dated 5 -11 -63 in favour of the petitioner by S. Mohinder Singh the decree -holder as inadmissible in evidence.

(2.) THE facts that are relevant for the disposal of this revision petition are that S. Mohinder Singh obtained a compromise decree for ejectment of a house against the respondent by means of a compromise decree on 19 -4 -63. It appears that Mohinder Singh sold the property in dispute by means of a sale deed dated 4 -11 -63 to Krishan Lal, the present petitioner and by means of an agreement dated 5 -11 63 transferred the decree obtained against the respondent to the present petitioner. On the basis of the sale deed as well as the agreement he sought to eject the respondent from the suit property. He presented the agreement of 5 -11 -63 also with the execution application. An objection was taken that this transfer or assignment of decree being unregistered was not admissible in evidence. After hearing arguments on this point, the learned trial judge came to the conclusion that the agreement being unregistered was not admissible in evidence. This revision is preferred against that very order holding the transfer of the decree dated 11 -5 -63 to be inadmissible in evidence.

(3.) A preliminary objection has been taken that this order is not revisable. The learned counsel for the respondents has referred me to the following authorities : - AIR 1963 Gujrat 241, AIR 1958 All. 659, AIR 1959 Punjab 609, AIR 1927 Bom. 646.